CiteTEXT
...issuance of a Writ of Mandamus directing the respondents to cancel the fradulent sale deeds (1) Fraud sale deed dated 28.01.2013 as document No. 76 of 2013 and 2) Fraud sale deed dated 28...sale deed dated 28.01.2013 as document No. 76 of 2013 and 2) Fraud sale deed dated 28.01.2013 as document No. 77 of 2013 by considering his representation 15.10.2014 in the teeth of the circular No.... According to the petitioner, the petitioner has filed the present writ petition praying for passing of an order by this Court in directing the respondents to cancel the fraudulent sale deeds (1) Fraud...
...her husband had constructed a house and from the rent of said house, her day-to-day expenses were met, however, by playing fraud sale deed with respect to said house was got executed by his son...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...purchased from Surendra in the sum of Rs. Five Lac
1
only and registered sale deed was executed. This land was purchased through broker /applicant Malk...deed...
...registered sale deed was executed. This land was purchased through broker /applicant Malkhan and other co- accused Rambabu. Commission was also paid to these brokers in the noon of 27.08.2014. When complainant reached at the spot, h...deed was executed, in the fake name of Surendra by affixing his photograph. Prayer for bail was made on the ground that...
...suit property to respondents no.1 and and he is also a party to the sale deed.
3. It is argued that as the element of fraud has been pleaded by the petitioner in the...plaint contending that the sale deed has been got executed by playing fraud, therefore, he is not required to pay ad-valorem court fees and provisions of Section 7 (4) g of the Court Fees Act have...been wrongly applied. The petitioner being an illiterate villager of 87 years was unable to understand the language of the sale deed, therefore, by playing fraud sale deed has been got executed.
...
...plaintiff. Plaintiff wanted to execute the sale deed in favour of his wife Laxmi Bai. The defendant took her to the Court and by playing fraud he got the sale deed executed in his own name. Plaintiff...demanded the sale deed several times, it was not given by the defendant on the pretext that less valuation was shown in the sale deed as such sale deed will be given back after 4-6 months after en...trial Court has found that defendant had played fraud while getting the sale deed executed in his own name for a sum of Rs. 6,500, value of the house was Rs. 80,000, agreement was entered into by the...
...found as a fact that though the sale deed was executed on 12-7-1966 by Asha Kaur, the first respondent in favour of one Ganesh Missir, it was found that Ganesh Missir had played fraud upon her and that..., therefore, the sale deed is vitiated by fraud. She remained in possession till 14-12-1970 and, therefore, the sale deed does not bind her. She filed a suit against the defendants including the...Specific Relief Act that the sale deeds are void and for injunction when she was sought to be dispossessed on 15-2-1973 under the sale deed. It was also her contention that the second sale deed also was vi...
...-measuring area 0.66 hectare which was purchased by her by a registered sale deed dated 27.05.1996. It is further pleaded that the plaintiff has not alienated the land in favour of the defendant No. 1 but by playing fraud ...handed over to defendant No.1, therefore, she be declared as the owner and possession holder of land in dispute and the sale deed
2...
dated 26.06.2014 be declared as null and void.
3. The appellant/defendant No.1 filed written statement with the pleadings that the sale ...
...the suit, alleging that the sale deed executed by the original owner of the suit property viz. Pakkir Mohammed, dated 16.6.1986, is not valid since the same was obtained by fraud, valuing the suit...of the registered document, which is labelled, as one obtained by fraud or coercion, as the case may be. Here, the plaintiffs came to know, about the existence of a fraud sale deed, at least, on...for declaration and possession, inspite of allegations in the plaint that the sale deed was fraud, not binding upon the plaintiffs, and such a suit was maintained, despite the Court's return, that the...
...by the High Court is illegal. It is not in dispute that in the suit the respondents contended that the sale deed was obtained by fraud, misrepresentation and without consideration. The trial court...dismissed the suit. But on appeal, the appellate court reversed the finding and held that neither fraud nor misrepresentation was made out. Adequate consideration was passed under the sale deed...-suited by the High Court on the finding that the sale deed was without consideration (Ex. P-1) executed and registered on 29-9-1959. Shri S.K Gambhir, the learned counsel for the appellants...
...pedigree is admitted:—4. Both the courts have found that Kandhaiya Lal and Ganga Prasad executed a fictitious sale deed of their fixed-rate holding in favour of appellant Kashi Prasad alias Manna Lal on April 10, 1922...transferred to Manna Lal and, therefore, the sale deed executed in plaintiff's favour is a valid sale deed on the basis of which he is the fixed-rate tenant of the plot in suit No. 195, area. 31 acre....executing a sale deed of his property he is precluded from putting forward his own title to the property by taking advantage of his own fraud. Further...
...petitioners herein. It is also stated in the plaint that they were not parties to the alleged fraud sale deed No.1338 of 2007. It is also the case that the vendors Fathima Begum and Ismail Begum died in the...to declare them as owners and possessors of the suit schedule property and further to declare the registered sale deed No.1338 of 2007, dated 27.02.2007 as null and void and not binding on the...plaintiff No.1 and un- registered sale deed dated 05.06.1998 as null and void and not binding on the plaintiffs 2 to 9. Further, to declare the
4...
...challenged sale deed dated 03.06.1997 and consequent mutation No. 656 dated 26.08.1997 regarding plaintiff's share in the land described in the plaint. The plaintiff alleged that the aforesaid sale deed was obtaine...heard learned counsel for the appellant and perused the case file.Sale deed in question was executed by the plaintiff herself. She has admitted her thumb impressions thereon. Her photograph also appears on the ...doubt just like a criminal charge. In the instant case, however, the plaintiff has miserably failed to prove the alleged fraud in execution of the impugned sale deed. Her own statement has been found to...
...not to have been recorded in favour of those persons and, as a corollary, the sale deed executed in favour of the last-mentioned persons was illegal and based on fraud. The courts below have taken...whether those persons who succeeded the recorded tenants, were rightly recorded as tenants or not, was a question determinable by the Revenue authorities. Besides that, the sale deed which has been questioned on the basis of ...not executed by the plaintiffs but by others, and they were not parties thereto so as to allege the incidence of fraud. In these circumstances, we are of the view...
...averred in the plaint that the period of limitation commenced on 21-11-2014, when they obtained a copy of the index of the sale deed dated 2-7-2009, and discovered the alleged fraud committed by...the acts committed by Opponents 1, 4, 5 and on obtaining the certified copy of the sale deed, we the plaintiffs could come to know on 21-11-2014 that, Opponent 1 had in collusion with Opponents 4, 5 mentioned the false cheques state...in the plaint that they learnt of the alleged fraud in 2014, on receipt of the index of the sale deed, is wholly misconceived, since the receipt of the index would not constitute the cause of action...
....We have taken the amount with us to get the sale deed executed. The accused neither returned our amount of Rs 22,00,000 nor executed the sale deed in our favour. The a...respondent was unable to pay the balance amount of consideration, the appellant executed a deed of sale in favour of Balbir Singh and Mohinder Singh.3. Whereas the case of the...appellant is that it was at the instance of Respondent 2 the said deed of sale was executed, the latter contends that the appellant did so without calling upon him to pay the balance amount and as such he...
...(1) BOTH the Courts below have concurrently found that the sale deed Ex. P. 1 relied upon by the plaintiff- respondent do not suffer from fraud and the defendant appellant has failed to...bring any evidence on record to that effect. On the contrary the defendant-appellant has not disputed his own signatures on the sale deed. He has also failed to substantiate the allegations of fraud in...respect of the sale deed executed in 1959. Mutation was sanctioned in favour of the plaintiff- respondent in the year 1981. The defendant-appellant has failed to rebut the case of the plaintiff...
...issue be framed. The petitioners submit the Trial Court has framed issue no. 1 to the effect whether the sale deed dated 24/6/2002 was executed by playing fraud. Counsel for the petitioners submit...that the wordings of the issue is not proper. However, in my opinion, it is not necessary to recast the issue because the issue is quite clear to the effect whether while executing the sale deed fraud was...played or not.The additional issue which the petitioners want to get framed is whether Anandibai, who is said to have executed the sale deed dated 24/6/2002 had power to execute the...
...Information Report in
question and also the copy of the plaint. A suit has been
filed before the Civil Judge (Senior Division) for cancellation
of sale deed by the petitioner mentioning that sale ...is fraud in getting the
sale deed executed, the prayer for quashing the First
Information Report cannot be entertained.
The writ petition is accordingly dismissed...