...relief is of cancellation of sale-deed on the ground of fraud, then the plaintiff is liable to pay ad valorem court-fee on the basis of consideration amount in the sale-deed. In this regard reliance has...the present controversy. The plaintiff is seeking cancellation of sale-deed on the ground of fraud, therefore, he is liable to affix ad valorem court-fee on the plaint on the basis of sale..., therefore, not binding on him. Consequently, the learned trial Court was right in coming to the conclusion that the petitioner was liable to pay the ad valoerm court-fee as the sale-deed was challenged...

..., possession ought 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...view that 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 fraud, was...for some consideration, inducted two others and themselves abandoned the land. In the crucial year, those transferees were shown to be in possession of that land in the revenue records on the axis of...

...cancellation of sale deed having been obtained on the ground of fraud or impersonation cannot be directed to file a suit for declaration in the Revenue Court, the reason being that in such a case...tenure-holder seeks cancellation of sale deed by filing a suit in the civil court on the ground of fraud or impersonation. There necessarily the plaintiff is required to seek a declaration of his title and...that on 24-7-1984, Respondents 3 and 4 got the sale deed executed in their favour by projecting some imposter as Smt Vidyawati Devi for an alleged consideration of Rs 60,000 and on the strength of the...

...Present: Mr. Sandeep Singh, Advocate, for the petitioner. **** RAJ MOHAN SINGH, J. (ORAL) Admittedly, petitioner is the executant of the sale deed who seeks to challenge the sale deed dated 10.06.2015 executed in favour of defendant No.1. Petitioner has laid challenge to the aforesaid sale deed on the ground of fraud as...the sale deed and he is required to affix the Court fee on the basis of consideration shown in the instrument as per first principle of Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others, 2010(2) RCR (Civil) 564. Challenge on the basis of fraud would...(C) No.16313 of 2015 titled 'M/s Omax Construction Ltd. Vs. Dharam Singh and others' decided on 26.10.2015, vide which judgment of this Court in CR No.4067 of 2012...

...]. It was observed by the trial Court that the plaintiff had challenged the sale deed dated 30.08.2016 and consequent mutation sanctioned in favour of the defendant on the ground of fraud. Plaintiff...claimed himself to be mentally retarded and the defendant got executed the sale deed by taking benefit of his state of health. [5]. Plaintiff has alleged fraud in execution of the sale deed. The civil cases are to be decided on the...lead their evidence. The sale deed was executed on 30.08.2016 and the same was assailed on 04.01.2018. Even if the sale deed was executed without consideration, the remedy available to the petitioner is to seek recovery of amount, rather to seek cancellation of sale deed. The cancellation of sale deed on the basis of fraud requires...

...barred by law of limitation? (v) Has the plaintiff any right, title, interest and possession over the suit land by operation of the sale deed? (vi) Has the defendant acquired title by way of adverse possession? (vii) Whether the plaintiff obtained the sale deed on fraud? (viii... properties on the basis of the sale deed No.547 dated 26.02.1983 executed by Sanatan Dehury in her favour in respect of the properties of the deity. 11. On being...years from the date of publication of the record of rights, when admittedly the plaintiff's suit is for declaration of title, basing on the registered sale deed executed by the...

...barred by law of limitation? (v) Has the plaintiff any right, title, interest and possession over the suit land by the operation of the sale deed? (vi) Has the defendants perfected title by way of adverse possession? (vii) Whether the plaintiff obtained the sale deed on fraud? (viii.... Because, the plaintiff cannot be the owner of the suit properties on the basis of sale deeds vide sale deed Nos. 2417 & 2347 dated 03.12.1980 & 20.11.1982 respectively executed...sale deed Nos.2417 & 2347 dated 03.12.1980 & 20.11.1982 respectively and 2...

...challenged the sale deed dated 13.10.2017 executed by her for a lawful consideration. The alleged consideration was paid in cash, through cheques and RTGS. Petitioner has challenged the sale deed on the basis of fraud as...) 564, if the executant of a sale deed seeks it to be annulled, he/she has to seek cancellation of the sale deed and in such eventuality he/she has to pay ad valorem court fee on the consideration shown in the instrument. Principle Nos.2 and 3 of the said judgment do not apply in such a situation. [5]. Even in case of fraud, the.../s Omax Construction Ltd. Vs. Dharam Singh and others' decided on 26.10.2015 has held that in case of fraud, the plaintiff has to affix ad valorem court fee. The aforesaid order was passed in the said SLP(C) arising out of CR ...

...submits that the petitioner purchased the property in question from her vendor, Sonaiammal, through a sale deed dated 10.11.2003, registered as Document No.1821 of 2003. Subsequently, the vendor of the petitioner sought for cancellation of sale deed dated 10.11.2003 on the ground of fraud. Subsequently..., the vendor sought cancellation of the said sale deed on the ground of fraud. The District...property had been sold to the petitioner in the year 2003 and the revenue records stood in her name. Meanwhile, on the basis of the sale deed executed in favour of the fourth respondent and the subsequent...

...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...-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, contended..., the appellate court reversed the finding and held that neither fraud nor misrepresentation was made out. Adequate consideration was passed under the sale deed. Therefore...

...plaintiff. The first appellate court by judgment and decree dated 11-12-1997, held that the said deed of sale was got executed by playing fraud on the plaintiff who was a minor at the relevant point of time and the said deed of sale, thus...death of his father, the plaintiff-Respondent 1 was a minor. He started living with Appellant 4, Lal Bihari. He, allegedly, executed a deed of sale on 1-12-1961 in respect of Khasra No. 516 measuring 6...biswas to Babu Singh and Tek Singh for a consideration of Rs 7000. His age in the sale deed was shown to be 26 years. Only on 17-8-1979, he, allegedly, gathered the information that the land under...

...through the file. It comes out that the plaintiff has filed a suit against his grandson for declaration that he is the owner of the suit land. He has also sought setting aside of the sale deed No.2498 dated 26.5.2006 on the ground that it was obtained by fraud and...misrepresentation. Copy of the plaint shows that basic prayer of the plaintiff is for setting aside the sale deed on the ground of fraud, misrepresentation...29.3.2010. Facts of the said cases are entirely different. In the said case, one of coparcners has sought declaration that the sale deed was not binding on his co-parcenary rights, which is not in...

...CPC i.e. not mentioning the amount in words and figures and not paying ad valorem court fees for declaration of sale-deed dated 23.12.2010 to be null and void. Trial Court has dismissed the application on ground that for declaration of sale- deed which is executed on basis of fraud, no...trial Court in dismissing the plea for ad valorem court fees on relief of declaration of the sale-deed to be null and void. Sale- deed was executed on 23.12.2010. On said date, plaintiff is said to be minor. Fraud has...been played upon, therefore, seeking declaration of sale-deed to be null and void will not require ad valorem court fees to be affixed. No error has been committed in not rejecting the...

...Will executed. However, it was found that instead of getting the Will executed the respondent got a sale deed executed in his favour by practising fraud and misrepresentation on the appellant...well as in the second appeal.6. Learned counsel appearing for the appellant vehemently submitted that the alleged sale deed was a result of fraud and misrepresentation on the...at the outset that all the courts below have concurrently found that the appellant had on her own and without any fraud or misrepresentation on the part of the respondent had executed the sale deed...

...the sale deed in favour of 1 defendant 1, who got executed the sale deed in his favour by playing fraud on the...Singh. The plaintiff has come with the case that the defendant 1-Rajendra Upadhyay got executed the sale deed on 03.05.1999 by playing fraud on the defendant -2 Sher Singh. Apparently the suit was..., nothing is available on record. It is also apparent from the record that Sher Singh has also been examined as a witness and has not taken any action to get the sale deed cancelled, which is said to have got executed by playing fraud on the...

...the plaintiff himself. It is alleged that the sale deed in question was executed by misrepresentation and playing fraud with the plaintiff petitioner. The suit is pending for disposal. The sale deed is not void.I have heard learned counsel for the parties and perused the orders impugned.Prima facie, as on today..., the sale deed in question is in favour of the respondents/defendants. In the present case, it is to be seen whether the sale deed was executed by playing fraud on the..., whereby both the courts below have rejected the application for temporary injunction.The case of the petitioner is that he filed a suit for cancellation of sale deed which was executed by...

...).29.10. The plaintiffs have 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 Defendant 1. The relevant extract from the plaint in this regard is set out hereinbelow:“(7) … Not only that but also, on obtaining...index of the sale deed of 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 stated below in the so-called sale deed with intention to commit fraud and....8. The plaintiffs contended that they were totally illiterate, and were not able to read and write, and were only able to put their thumb impression on the sale deed dated 2-7...

...SABINA, J.Plaintiff-petitioner had filed a suit challenging sale deed dated 22.6.2004 on the allegation that the same is forged and fabricated and was based on fraud and...that the present revision petition deserves to be dismissed.The petitioner has challenged the sale deed on the ground that it is based on fraud and is a forged and fabricated document...(Minor) 2007 (3) CCC 717 (P&H) as under:-“It is not in dispute that while seeking the relief of injunction, the petitioner has also challenged sale deed to be outcome of fraud, therefore, not binding on him...

...-plaintiffs is that until 2013 they had no knowledge whatsoever regarding execution of such sale deed by their brothers, original Defendants 1 and 2, in favour of Jaikrishnabhai Prabhudas Thakkar or Defendants 3 to 6. They acquired that knowledge on 26-12-2012 and immediately took steps to obtain a certified copy of the registered sale deed and on receipt thereof they realised the fraud played...has been fraudulently involved for putting thumb impressions on the sale deed. They have asserted that the thumb impressions on the sale deed did not belong to them and that they were ready and willing...the parties. The plaintiffs have filed this suit to set aside in registered Sale Deed No. 4425 dt. 18-10-1996. And this suit has been filed on 18-10-2013. And the contention of the learned advocate for...

...), 2007 (1) RCR (Civil) 436 (P&H) has observed that even in such eventuality where cancellation of a sale deed is sought on the ground of fraud, the petitioner would be required to affix ad valorem.... No such submissions were made before the trial court, where the petitioner has only submitted that she is not liable to affix ad valorem court fees as the sale deed was under challenge on the ground of fraud. This...deed praying that she is not bound by the said sale deed as the same was got executed by making somebody else to appear on her behalf. In support of her contention, she has placed on record a report from...