SANT SINGH Vs. BHAG SINGH AND OTHERS

JUDGEMENT

(1.) (Oral) - The appellant-defendant No. 1 is in Regular Second Appeal against the judgment and decree of the lower Appellate Court, which had partly allowed the appeal, filed by the respondent-plaintiffs by holding that sale deed 13.01.2005 shall be valid to the extent of ⅓rd share of defendants No. 2 and 3 and vis-a-vis share of plaintiffs No. 1 and 2, the sale deed has been held to be illegal, null and void.

(2.) Mr. R.N. Ojha, learned counsel for the appellant/defendant No. 1 submits that the lower Appellate Court has committed illegality and perversity in setting aside the well reasoned judgment and decree of the trial Court dismissed the suit as the vendors/defendants No. 2 and 3 had undertaken that they are sole owners of the property, therefore, appellant/defendant No. 1 is bona fide purchaser for a valuable consideration. He further submits that on the land allegedly belonging to the plaintiff, an electric connection, as well as, tube-well has been installed by defendants No. 2 and 3, therefore, they are in possession of the land since 1995. He further submits that Sec. 41(2) of the Transfer of Property Act, provides that sale deed cannot be declared to be null and void until and unless the same has been obtained by playing fraud, thus, the judgment and decree of the lower Appellate Court is not sustainable as the substantial question of law arise for determination of this Court.

(3.) In support of his aforementioned contention, he relied upon (paragraphs 36, 37 and 38) of the judgment of this Court in Smt. Niranjan Kaur and others Vs. The Financial Commissioner, Revenue & Secretary to Government, Punjab and others 2010(4) RCR (Civil) 610.