Mahaveer S/O Bhura Ram vs Smt. Bimla Devi W/O Shri Vedpal
2022 Latest Caselaw 5268 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 369/2022

Mahaveer S/o Bhura Ram
                                                                    ----Appellant
                                    Versus
Smt. Bimla Devi W/o Shri Vedpal & Ors.
                                                                 ----Respondents

For Appellant(s) : Mr. Anil Yadav for Mr. Ashvin Garg For Respondent(s) : Mr. Gaurav Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/07/2022

This appeal has been filed by appellant-plaintiff assailing the

judgment and decree dated 20.04.2022 passed by Additional

District Judge, No.2, Behror, District Alwar in civil suit

No.34/09/2015 whereby the appellant's suit for cancellation of

sale deed of respondent No.1- Smt. Bimla dated 31.05.2013 has

been dismissed.

It appears from the record that respondents No.2, 3 and 4

have executed sale deed in question dated 31.05.2013 in favour of

the respondent No.1- Smt. Bimla for sale consideration and have

transferred the possession, however the appellant-plaintiff has

challenged the sale deed on account of some family settlement

undated nearly forty years back, appellant-plaintiff is having his

vested interest in the suit land. In absence of any substantive

evidence to prove the factum of oral settlement, the suit has been

dismissed.

Respondent No.1-purchaser has appeared as Caveator.

(2 of 2) [CFA-369/2022]

Heard learned counsel for both parties.

The first appeal is required to be heard on facts and law.

Admit.

Issue notice to remaining respondents.

Call for record.

Heard on the stay application.

Since respondent No.1-Smt. Bimla Devi is purchaser and in possession over the suit property through registered sale deed dated 31.05.2013 and the plaintiff's suit has been dismissed on merits.

Having considered the entire facts and circumstances of the case, the stay application is disposed of with the observation that any alienation or transfer of property during the course of appeal would be governed by the principle of lis pendence enshrined under Section 52 of the Transfer of Property Act and would not adversely affect rights of the appellant-plaintiff finally determined in the present first appeal.

(SUDESH BANSAL),J

TN/21

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