BALWANT SINGH Vs. RAJ SINGH

JUDGEMENT

(1.) The suit was filed by the appellant for cancellation of the sale deed dated 15.2.1982 alleged to have been executed by the appellant in favour of respondent Nos. 1 and 2. The sole ground taken for the cancellation is that the sale deed is without consideration and obtained by fraud.

(2.) The respondents contested the suit and alleged payment of consideration and that no fraud was committed. They also raised other pleas and also pleaded that the suit is barred by Section 34 of Specific Relief Act and is not maintainable in the civil court and barred by Section 331 of U.P.Z.A. and L.R. Act. The trial court framed necessary issues and recorded finding in favour of the appellant on all the issues and decreed the suit. Aggrieved by the decree the respondents preferred appeal. In the appeal they further pleaded that their names have been mutated and possession have been delivered and, therefore, the suit for cancellation of the sale deed is not maintainable. The appellate court held that the relief for taking possession has not been sought, that the names of the respondents have been mutated and they are in possession of the land and, therefore, the suit is not maintainable. The appellate court also recorded the finding regarding the payment of consideration. The appellate court, therefore, allowed the appeal and dismissed the suit.

(3.) Aggrieved by it this second appeal has been preferred by the plaintiff. This second appeal was admitted on the following substantial question of law : "Whether the plaintiff could be refused the relief of cancellation as he was (not) in possession over the disputed land?"