Dilesh Kumar vs Saheblal And Ors
2022 Latest Caselaw 3257 Chatt

                  T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                   SA No. 506 of 2013
• Dilesh Kumar S/o Pardeshi Aged About 30 Years R/o Kanakot, Tah. Dabhra, Distt.
  Janjgir-Champa C.G.
                                                                                ---- Appellant
                                         Versus
1. Saheblal S/o Panchram Aged About 30 Years.
2. Rituraj S/o Jagnarayan Aged About 32 Years.
3. Hirabai W/o Nandeliha Aged About 80 Years.
   Respondents No.1 to 3 are R/o village Kanakot, tehsil- Dabhra, Dist.-Janjgir-

Champa(CG)

4. State of Chhattisgarh Thru- District Collector, Distt. Janjgir-Champa C.G.

---- Respondents

05.05.2022 Mr. Vinay Pandey, Counsel for the appellant.

Mr. Ravipal Maheshwari, P. L. for the State/R-4.

Heard on admission.

Learned counsel for the appellant would submit that he has

purchased the property through registered sale deed dated 31.01.1996

and he was in the peaceful possession of the suit property, thereafter

respondent No.1 has sold the property to respondent No.2 on

08.06.2007, therefore, learned trial Court has granted the decretal suit,

against that order the learned First Appellate Court ignoring the

provisions of Section 48 of the Transfer of Property Act has allowed the

first appeal.

The appeal is arguable.

This appeal is admitted on the following substantial question of

law:-

" Whether the learned First Appellate Court was justified in

reversing the judgment and decree passed by learned trial Court ignoring the provisions of Section 48 of the Transfer of Property

Act which provides that earlier transaction would binding on the

sale of property by respondent No.1?"

This Court has granted interim protection on 28.11.2013 shall

continue till the next date of hearing.

Issue notice to respondent No.1 by ordinary mode as well as

registered post.

List this case in the 3 rd week of July, 2022 for final disposal in

motion hearing list.

Sd/-

(Narendra Kumar Vyas)

Judge Parul