...taking advantage of addiction of Shankar to alcohol, appellant obtained a colourable document (sale-deed) without adequate consideration. Hence, the suit for declaration of title, possession and mense...Shankar. He further denied that respondent No. 1 & 2 has any share by birth in the suit property. The story of alleged sham sale deed without adequate consideration was also denied and it was...salvage suit by contending that absence of pleading in the written statement to this effect or sale deed without consideration, is not binding on them. Neither of submission has force. Law requires...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...the original suit is pending for decision before Civil Judge (Senior Division), Pilibhit. The copy of the plaint is on record and in paragraph 21 of the plaint the execution of sale deed had been admitted by the revisionist with averment that it was without consideration. On...query, the learned counsel for the revisionist could not explain the reason for execution of sale deed without consideration. The...case is as follows: That the disputed house as bounded in the police report dated 11.11.2009 was transferred by Smt. Nahid Shamsi on 26.02.2007 for a sale consideration in favour of...

...trespassed upon by defendant 2 in October 1914. The appeal really binges on the effect, if any, to be given to Ex. 1. It purports to be a sale-deed dated 8th June, 1899 executed by Muthukumaru Pillai in favour of his son-in-law Ramaswami Pillai, defendant 1, and as alleged by the plaintiff was a benami sale-deed without consideration. It...plaint. The defence of defendant 1 was that the sale-deed Ex. 1 was a perfectly valid deed and a proper price had been paid for the lands in question. The finding of the District Munsif is that no...consideration was paid by defendant 1 for Ex. 1 and that when it was executed it was intended only to be a nominal transaction. That being so, the learned District Munsif went on to find that in spite of...

...Purwant submitted that one Sale Deed without consideration was executed at the behest of Nivedita Kulkarni and Satpute. In fact, the applicant herself was a victim. She has not received any amount...

...willing to get the sale deed executed in accordance with the terms of the agreement of the sale. If yes, its effect?(4) Whether the defendant Nos. 2 to 5 are the bona fide purchasers in good faith of the land in dispute for a valuable consideration without notice...agreed to receive the balance of Rs. 16,000/- at the time of execution of the sale deed vide Annexure P3. Despite receiving Rs. 40,000/- towards part sale consideration and despite execution of the...deed without consideration executed by defendant No. 1 on 23.06.1984 and in their favour though they had full knowledge about the agreement to sell executed in favour of the plaintiff...

...-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 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. Therefore...

...deed, the non-payment of the sale consideration would at the most be recoverable and would remain charge on the property sold/transferred. 8. In view thereof, learned trial Court as well as First Appellate Court committed an error in recording that the sale deed without consideration...consideration is whether a registered sale deed executed by the mother in favour of his son with whom she was residing, can be set aside simply on the basis of the certain contradictions with regard to..., the sale deed is void and hence, set aside. Learned trial Court has put onus on the appellant to prove the payment of the sale consideration. In the sale deed, it has been mentioned that the amount...

...objection and claimed to be the person, who claims to have purchased the land but, a finding has been recorded by the learned Single Judge that though a sale deed dated 17.02.1994 is being brought on record but, the sale consideration in pursuance to the sale deed has not been proved, which clearly shows that the said sale deed is otherwise a sham. 2 of 4 -: 3 :- 6. As held by the Hon'ble Supreme Court of India, any sale deed without consideration...counsel for the appellant has not been able to dispute either the fact that the sale consideration has not been paid in pursuance to the sale deed dated 17.02.1994 as well as the settled principle of law...appellant argues that there was a valid allotment in favour of Hira Nand and being the General Power of Attorney of Hira Nand, one Satish Kumar had executed a sale deed on 17.02.1994 (Annexure P-7...

...joint Hindu family property i.e land in dispute by defendant no. 1 being karta, vide registered sale deed dated 15.05.1998, in favour of defendant no. 2 was illegal, fraudulent, bogus and without consideration, therefore...forms joint Hindu family coparcenary property? OPP2. If issue no. 1 is proved whether the plaintiff is one of the coparceners? OPP3. Whether sale deed dated 15.05.1998 executed by defendant no. 1 in favour of the defendant no. 2 is liable to be set aside being illegal, void, fake and without consideration? OPP...sale deed without consideration is a sham transaction?(iv) Whether the judgments and decrees passed by the courts below are perverse and are liable to be set aside...

...family property without any legal necessity?ii) Whether the sale deed without consideration, is not illegal in the eyes of law?iii)Whether the sale deed executed by...ancestral property of the parties to the suit in the hands of respondent no. 1 in favour of other respondents vide sale deed dated 23.8.1999 It was pleaded that the suit property being ancestral could...is ancestral of the parties, if so its effect?OPP.2. If issue no. 1 is proved in affirmative, then whether the defendant no. 1 could not have executed the sale deed dated 23.8.99 in...

...cheques issued by the purchasers of the property toward the sale considerations were all dishonoured and therefore, there is no payment, and the sale deed without consideration would render it void or... property and that it was sold to the 2ndRespondent under the registered sale deed executed on 17.10.2016 but the entire sale consideration has not been paid...alleged registered sale concerning the property was executed on 17.10.2016 and the Appellants did not take any action about the claim of the sale consideration which was unpaid till they filed a civil...

...took away the original mortgage deed that the plaintiff had taken back from Salim Ullah and there­after a fake sale deed without consideration was executed by the defendant No. 2 in favour of the.... and that Mohd. Yusuf had made a sale deed in favour of the defendant No. 1. All other relevant averments in the plaint were denied. It was stated by way of addi­tional assertion that the plaintiff was...Ahmad on a considera­tion of Rs. 48,000 and the sale deed was registered on 30-1-1983 and Jameel Ahmad was put in possession thereof. The house number of the suit property in the municipal record was 59...

.... As per the say of the plaintiff, defendants got executed sale deed dated 30.09.2014 for the aforesaid property without any consideration. It is further stated by the plaintiff that taking benefits of...plaintiff is that the defendants fraudulently got the sale-deed executed without any sale consideration and is now trying to transfer and/or alienate the same land to a third party. Thus, the present...-deed executed without any sale consideration. Mr. Shah further submitted that the plaintiff and defendants are the real brothers, whereby, if, at all, there was an understanding of waiving of any...

...continued to be in possession of the lands till his death. however, in 1965, defendant No. 1, the second wife of Raibu executed a sale deed in respect of ‘Ga’ Schedule lands in favour of defendant No. 4, who was her son through her first husband late Bira Mohanta, without consideration and...plaint it has been pleaded that defendants 5 and 6 had fraudulently obtained a sale deed without consideration from the plaintiff, and forcibly possessed ‘Una’ Scheduled lands. In paragraph-12, it has...without legal necessity. In spite of the said sale deed ‘Gi’ scheduled lands were under possession of the plaintiff...

...ascertained. It appears from record that an arrangement took place on 06.04.1994 and the defendant Nos.1 and 6 to 9 executed a sale deed without consideration of the land bearing Revenue Survey No.233 paiki... that by way of family arrangement / distribution deed dated 06.04.1994, the suit properties came to be distributed between the parties to the suit. A revenue entry No....2120 came to be mutated in the revenue records with regard to the family arrangement deed dated 06.04.1994. It is further submitted that the dispute in question with regard to distribution of the...

... "9) Therefore, the plaintiff prays that: (a) Sale Deed, on paper, without consideration and without possession...defendants for the said sale deed and therefore, kindly pass the decree in favour of the plaintiff declaring the said sale deed to be canceled and void as it is without consideration, without...possession, un-alienated, unlawful, fabricated, illegal in the eyes of law and de facto illegal. (b) Sale Deed, on paper, without consideration and without possession...

...of Rs. 750/- per month. In this case, 1st respondent wife alleges that the appellant and third respondent colluded and transferred the property as per Ext. A2 sale deed without consideration, in order...on payment of valid consideration to third respondent with bona fides. By virtue of sale deed No. 2675 of 2000, appellant is the absolute owner and she is in possession of the property and enjoying...was filed by first and second respondents seeking maintenance and to set aside a sale deed. The third respondent in this appeal is the husband of the first respondent.2. The brief facts...

...Rahab Miya /respondent no.1's husband illegally used the power of attorney to execute a forged sale deed without consideration. Iqbal then revoked the earlier power of attorney, issued a fresh one in...and physical possession. The Court ignored the impounded agreement (Ex. DA), with only stamp duty penalty pending before the Commissioner. The registered sale deed by Rahab Miya (as PoA) to his wife Nilofar is void for want of consideration, as no payment evidence was adduced. Further, the decree of mesne profits is illegal, being passed without mandatory.... Counsel contend that no valid sale occurred in favor of the respondent or her husband since the they lacked funds to pay the consideration; thus, the registered sale deed is void for want of...

..., Sumer Singh and Raja Babu. It has been alleged therein that the son of the informant, namely, Rahul Kumar, who is stated to be the victim, executed a registered sale deed in favour of Alka Singh. Alka Singh and Nitin Yadav are husband and wife. The disputed land, which is one-fourth part in Khasra No. 272, measuring 0.0678 hectare, is stated to have been transferred in favour of Alka Singh through the aforesaid registered sale deed without any consideration. The...Bench of this Court. From a perusal of the First Information Report, as well as the statements of the informant and Rahul Kumar, who himself executed the sale deed in favour of Alka Singh without consideration, it...appears that the dispute between the parties essentially arises out of the execution of the sale deed without consideration, allegedly on the false promise that Alka Singh would help in...