Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Indian Contract Act, 1872, Section 14 -- Sale deed by insane person - Non-free consent - Maternal uncles of plaintiff executed sale deed of his property on the pretext of providing medical checkup - Plaintiff was never handed over sale consideration - Said sale deed is an act of no, free mind, no, consent under the influence of fraud and misrepresentation - Sale deed held,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff along with defendants are co-sharers and sale deed executed by defendant No.1 is null and void - Plaintiff categorically stated that suit land was purchased by his father/defendant No.1 from son of their paternal uncle - Suit property thus, not ancestral property but self acquired property of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud - Failure to prove - Sale cannot be set aside only on the basis of contradiction in the manner and time of payment of sale consideration...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - Registering authority, or any authority invoking administrative power, has no power to cancel the sale deed once registered even if allegation of impersonation/fraud is alleged...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Alleged to be obtained by fraud and misrepresentation - Sub Registrar in his evidence stated that sale deed was executed after it was explained to the parties about contents of the sale deed - PW2 & PW3 who attested sale deed nowhere stated in their statement that executant was not in good state of mind at the time..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Evidence Act, 1872, Section 114 -- Presumption of truth - Courts below have found that plaintiff has not been able to prove plea of fraud - Signatures and thumb impressions on sale deed are admitted - There is photograph of appellant on sale deed - Sale deed is a registered document and registered sale deed has presumption of truth - Appeal dismissed...........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court-fee - Suit for declaration - Plea that sale deed executed by defendant in favour of other defendants obtained by fraud and not binding on plaintiff - Plaintiff was not executant to sale deeds - Absence of prayer to cancel sale deed - Court fee payable is computable in terms of S.7(iv)(c) i.e. as per the amount..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........