Hasibun Nisha vs Unknown
2022 Latest Caselaw 684 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
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                   Registrar's order
                    with Signatures
      10.03.2022                        SA No.27 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 18.10.2021, passed by the learned IVth Additional District Judge, Dehradun in Civil Appeal No.52 of 2018 "Smt. Hasibun Nisha vs. Shri Ramji", whereby the Cross Objections (No.338 of 2018), "Ramji vs. Hasibun Nisha", has been dismissed. The said first appeal was filed against the decision of the learned Trial Court on the issue no.1 and issue no.7.

Heard Mr. I.P. Kohli, the learned counsel for the appellant and Mr. Neeraj Garg, the learned counsel for the respodnent and perused the record.

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

"(1)Whether execution of an agreement to sell is mandatory for execution of a sale-deed?

(2)Whether in the absence of a suit for cancellation of the impugned sale-deed dated 22.03.2001, executed in favour of the appellant, the learned Trial Court was justified in declaring that the appellant is not the owner of the property-in- question on the basis of the said sale-deed?"

Summon the LCR.

Post this case on 27.05.2022.

The parties are directed to maintain status quo qua the possession and title. This Second Appeal is consolidated with SA No.13 of 2022. The Second Appeal No.13 of 2022 will be leading file.

(Alok Kumar Verma, J.) 10.03.2022

Neha