Madhya Pradesh High Court

Radhabai Through Poa Udaylal vs Smt. Nidhi on 7 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          SA No. 1528 of 2020
                                          (RADHABAI THROUGH POA UDAYLAL Vs SMT. NIDHI AND OTHERS)

                           Dated : 07-05-2024
                                   Shri Satish Jain, learned counsel for the appellant.


                                   Heard on the question of admission.
                                   The appeal is admitted on the following substantial question of law:-

                                  " ( 1 ) Whether the judgment and decree passed by learned
                                  courts below is hit by Section 48 of Transfer of Property Act
                                  as the appellants sale deed Ex.P/2 is prior to respondent No.1

sale deed Ex.D/3?

(2) While decreeing the counter-claim learned courts below relied on the Sub-division ExD/1 instead of sale deed ExD/3 and hence whether the judgment and decree passed by the learned courts below is against Section 17 of Registration Act.

(3) Whether the respondent No.1 counter-claim was maintainable in absence of suit for partition and hence, the judgment and decree passed by the learned courts below is against Section 44 of Transfer of Property Act." Issue notice to the respondents by RAD mode on payment of P.F. within

seven working days.

List the matter for final hearing in due course.

(HIRDESH) JUDGE

N.R.