Lala Ram vs Chittar And Others
2022 Latest Caselaw 2454 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Second Appeal No. 448/2011

Lalaram Adopted S/o Chandra Mali, B/c Mali, Village Kohda,
Tehsil Kekri, Distt. Ajmer
                                                                    ----Appellant
                                    Versus
1.      Chittar S/o Baijnath Jat, Village Kohda, Tehsil Kekri, Distt.
        Ajmer
2.      Ramdhan S/o Baijnath Jat, Village Kohda, Tehsil Kekri,
        Distt. Ajmer
                                                                 ----Respondents

For Appellant(s)          :     Mr. Gaurav Jain
For Respondent(s)         :     Mr. Gaurav Gupta



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                 Judgment

22/03/2022

This second appeal has been filed by the appellant-plaintiff,

feeling aggrieved by the judgment and decree dated 30 th May,

2011 passed by the Additional District Judge, Kekri whereby and

whereunder the first appeal filed by the respondent-defendant was

allowed and the decree dated 29 th May, 2007 passed by the trial

court in favour of appellant-plaintiff has been set aside.

The appellant-plaintiff filed a civil suit seeking cancellation of

the registered sale deed dated 1st May, 1987 on the ground that

without payment of any sale consideration and by way of mis-

representation, the sale deed was got executed. The trial court

after appreciation of documents and evidence, decreed plaintiff's

suit and cancelled the registered sale deed. However, the first

appellate court has set aside the judgment and decree of trial

(2 of 2) [CSA-448/2011]

court. Thus, the sale deed dated 1 st May, 1987 in favour of

respondents stands effective as on date.

Having heard counsel for the both parties and perusal of

impugned judgments and record, the matter requires

consideration. The second appeal is admitted for hearing on the

following substantial question of law:-

"Whether the appellate court committed illegality and perversity in quashing the judgment and decree of the trial court and upholding the sale deed dated 1st May, 1987 without considering the basic grounds of the plaint?"

Appeal be listed for hearing in due course.

Record of courts below has already been received.

Heard on stay application.

This court, vide order dated 3rd August, 2011 has passed the

following interim order:-

"Meanwhile, parties are directed to maintain status-quo in respect of possession as well as revenue record of the disputed land."

Having considered the facts and circumstances of this case,

where the sale deed in question stands in favour of the

respondent-plaintiff, the stay order dated 3rd August, 2011 is made

absolute during the course of second appeal.

The stay application is accordingly disposed of.

(SUDESH BANSAL),J

A.Sharma/2

Powered by TCPDF (www.tcpdf.org)