Unknown vs On Perusal Of The Said Judgment In
2026 Latest Caselaw 1911 UK

Citation : 2026 Latest Caselaw 1911 UK
Judgement Date : 13 March, 2026

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Uttarakhand High Court

Unknown vs On Perusal Of The Said Judgment In on 13 March, 2026

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                                  SA No.158 of 2023
                                  Hon'ble Siddhartha Sah, J.

Mr. Narendra Bali, Advocate for the appellant.

By means of this second appeal, the defendant/appellant has assailed the judgment and order dated 21.08.2023 and decree dated 23.08.2023 passed by learned 4th Additional District Judge, Haridwar in Civil Appeal No.10 of 2019, Nagina vs. Smt. Kalawati @ Kamla and others, whereby the aforesaid first appeal bearing Civil Appeal No.10 of 2019, Nagina vs. Smt. Kalawati @ Kamla and others has been dismissed.

Heard learned counsel for the appellant.

The learned counsel for the appellant has drawn the attention of the Court to the disposal of point for determination as framed by the 1st Appellate Court and as particularly, brought to the notice of the Court, the findings on Para No.11 of the 1st Appellate Court judgment dated 21.08.2024.

On perusal of the said judgment in Para No.11, the appellate court has returned the finding that defendant no.1 has sold an area of 15-09-07 bigha and thereafter, he was left with only 10 Biswa area, again the defendant no.1 on 22.03.2006 has executed a sale deed in favour of defendant no.3 of an area of 2 bigha for which he did not have any right. However, the trial court has wrongly dismissed the suit for permanent injunction and cancellation of the sale deed and the 1st Appellate Court also committed an error by dismissing the civil appeal.

On considering the facts and circumstances and perusal of the record, the present appeal is admitted on following substantial question of law:-

"(i) Whether sale deed dated 22.03.2006 executed by defendant no.1 in favour of defendant no.3 is liable to be cancelled for the reason that the respondent no.1 has sold more than her share?"