SA/8/2022
2022 Latest Caselaw 108 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No. 8 of 2022
                                  With
                                  IA No. 1 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Lokendra Dobhal, Advocate, for the appellant.

Mr. Syed Nadim, Advocate, for the caveator/respondent.

It is a non concurrent Second Appeal, in which, the challenge given by the plaintiff/appellant is to the judgment of the Appellate Court dated 14th December, 2021, as passed in Civil Appeal No. 7 of 2015, Smt. Meena Singh Vs. Shaukat Ali, whereby, the appeal of the defendant was allowed.

The petitioner contends, that the Appellate Court's judgement suffers from the vices of the wrongful interpretation given to Section 54 of the Transfer of Property Act, as well as Section 25 of the Contract Act, which has been formulated as substantial question of law as 1 and 3.

Though the fact and the foundation of the entire alleged sale transaction is based upon the receipt of 6th February, 2002, which was in fact not proved before the Court below by producing the appropriate witnesses to the said receipt.

Admit the Appeal on the aforesaid two substantial questions of law.

Summon the lower Court's records. No notices are required to be sent to the respondent because the respondent is represented by the Caveator.

Looking to the circumstances of the case, I am not inclined to pass any interim order in the Second Appeal.

Accordingly, the Stay Application would stand rejected.

(Sharad Kumar Sharma, J.) Dated 12.01.2022 Shiv