Chandra Ahuja vs Satish Chandra
2022 Latest Caselaw 3017 UK

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      19.09.2022                        SA No.82 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The proposed Second Appeal has been filed against the judgment and decree dated 29.04.2022, passed by VIIth Additional District Judge, Dehradun in Civil Appeal No.21 of 2018, "Subhash Chandra Ahuja vs. Satish Chandra Ahuja", whereby, the said appeal has been dismissed. The said First Appeal was filed against the judgment and decree dated 29.01.2018 passed by the trial court in Original Suit No.481 of 2009, whereby the counter claim of the respondent-defendant was allowed.

Heard Mr. B.M. Pingal with Mr. Amar Murti Shukla, learned counsel for the appellant and Mr. Shankar Aggarwal, learned counsel for the respondent.

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

(i) Whether a vendee of the joint property i.e. respondent, who was minor at the time of execution of sale deed can claim his right in the property-in- question without there being disclosure of source of sale consideration on his part?

(ii) Whether in the absence of specific share being disclosed in the sale deed, the respective shares of the joint purchaser can be presumed to be equal in violation of Section 45 of the Transfer of Property Act and the finding of court below in that respect is barred upon misreading of documents?

The learned counsel for the respondent requested two weeks' time to file objection(s) to the Stay Application.

Summon the lower court records. List this case on 01.11.2022.

                  (Alok Kumar Verma, J.)
JKJ/Pant                  19.09.2022