SA/122/2021
2022 Latest Caselaw 1385 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      05.05.2022                        SA No.122 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. V.D. Bisen, learned counsel for the appellant, Mr. Jagdish Chandra Belwal, learned counsel with Mr. Kailash Chandra Tiwari, learned counsel for the respondents.

The learned Senior Advocate submitted that there is a presumption that the registered document is validly executed and "executed" means that all the facts mentioned in the registered document shall be presumed to be proved.

The learned counsel for the appellant has relied upon a judgment of the Hon'ble Supreme Court passed in "Prem Singh and Others vs. Birbal and Others (2006) 5 SCC 353."

During the arguments, Mr. Jagdish Chandra Belwal, the learned counsel for the respondents, submitted that the affidavit, annexure no.1 to the supplementary affidavit, filed by the appellant, is admitted to the respondents. According to the said affidavit of the respondent no.1- Gurvinder Singh and the respondent no.2-Prakash Singh, the sale consideration was received by them as cash.

The learned counsel for the respondents requested time to explain the said affidavit of the respondents.

At the request of the learned counsel for the respondents, post this case on 18.05.2022 after fresh for admission.

Interim order dated 09.03.2022 is extended till the next date of listing.

(Alok Kumar Verma, J.) 05.05.2022

Neha