LAWS(BOM)-2022-12-165

RAMDAS RANU Vs. ASHOK VASANTRAO SISAL

Decided On December 07, 2022
Ramdas Ranu Appellant
V/S
Ashok Vasantrao Sisal Respondents

JUDGEMENT

(1.) Heard Mr. Nikam, learned counsel appearing for the Appellant and Mr. Kolekar, learned counsel appearing for the Respondent.

(2.) Mr. Nikam submitted that the following substantial questions of law are involved in the Second Appeal:

(3.) The Appellant is original Plaintiff. The Plaintiff filed suit simplicitor for permanent injunction. In the said suit, the Respondent/Defendant filed counterclaim seeking possession. It is the case of the Appellant that his father by registered Sale Deed dtd. 9/4/2007, sold the suit property to the Respondent. Mr. Nikam submitted that the said Sale Deed is contrary to Sec. 54 of the Transfer of Property Act, 1882 and the same is without consideration and therefore, null and void. To substantiate his contention, he has relied on the decision of Supreme Court in Kewal Krishan vs. Rajesh Kumar & Ors., 2021 SCC OnLine SC 1097.