LAWS(MPH)-2014-11-75

NARAYAN PRASAD Vs. VIJAY KUMAR

Decided On November 19, 2014
NARAYAN PRASAD Appellant
V/S
VIJAY KUMAR Respondents

JUDGEMENT

(1.) Heard on IA 433/2014 n application for condonation of the delay in filing this review petition. Considering the facts of the case and the averments made in the application, the application is allowed and delay in filing this review petition is hereby condoned.

(2.) Heard on merits of the case.

(3.) This review petition has been filed for review of the order dated 10th May, 2011 passed by this Court in First Appeal No.597/2005. Aforesaid first appeal was filed by the defendant challenging the judgment and decree dated 26/10/2005 passed in Civil Suit No.10A/2004 whereby the Trial Court decreed the suit of the plaintiff partially and set aside the sale deed dated 20/10/2003 for an area of the land admeasuring 0.107 hectare. It was held by the Trial Court that at the time of execution of the sale deed no consideration was paid by the defendant to the plaintiff nor possession of the land was delivered, hence, the sale deed was void.