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2021 Latest Caselaw 4917 UK

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      03.12.2021                        SA No. 101 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Mr. Nikhil Singhal, learned counsel for the appellant.

This Second Appeal has been filed against the judgment and decree dated 14.09.2021, passed by the learned 2nd Additional District Judge, Haridwar in Civil Appeal No. 20 of 2015, "Satish Kumar and others vs. Sri Chandra Sethi and others", in and by which the learned Appellate Court has allowed the appeal and set aside the judgment and decree dated 31.03.2015, passed by the learned trial court. The learned trial court dismissed the original suit No.122 of 1997, "Mangat Ram (deceased) through legal representatives and others vs. Shri Chandra Sethi and others".

Heard learned counsel for the appellant and perused the records.

During the arguments, in support of his submissions, the learned counsel appearing for the appellant relied upon a judgment of the Hon'ble Supreme Court, passed in Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra) dead through legal representatives and others, (2020) 7 SCC 366.

This Second Appeal is admitted on the following substantial questions of law:-

(i)Whether non-payment of remaining part of sale consideration would invalidate sale?

(ii)Whether the findings recorded by the learned First Appellate Court are perverse in view of Section 54 of the Transfer of Property Act?

(iii)Whether the judgment passed by the learned First Appellate Court is perverse in view of Section 102 of the Indian Evidence Act, in respect of the alleged fraud?

(iv)Whether the impugned judgment, passed by the learned First Appellate Court is not in consonance with provisions contained under Order 41 Rule 31 of C.P.C?

Issue notices to the respondents.

Steps to be taken within one week.

List this case on 12.01.2022 along with SA No.99 of 2021.

In the facts and circumstances of the case, the parties are directed to maintain the status quo in regard with nature and possession of the property- in-dispute till the next date of listing.

(Alok Kumar Verma, J.) 03.12.2021 Pant/Neha