SATISH KUMAR Vs. ABHILASHA & OTHERS

JUDGEMENT

(1.) Petitioner filed a suit, seeking declaration that the sale deed executed by defendant No. 2 in favour of defendant No. 1, is null and void. The said suit was registered as Original Suit No. 373 of 2017 in the court of learned Civil Judge (S.D.), Dehradun.

(2.) As per the plaint allegation, petitioner had purchased the suit property, vide sale deed dated 15.03.2008, therefore, transfer of the suit property by defendant No. 2 in favour of defendant No. 1, by sale deed dated 03.09.2013, is void ab-initio. In response to petitioner's application for mutation made in 2016, Uttar Pradesh Awas Evam Vikas Parishad (in short "UPAEVP") informed him that the suit property has been mutated in the name of defendant No. 1 on the basis of sale deed dated 03.09.2013.

(3.) Upaevp - defendant No. 3 in the suit, filed written statement stating that it has no knowledge about the sale deed executed by defendant No. 2 in favour of the plaintiff, as plaintiff had never applied for mutation.