Jharkhand High Court
Tarun Paramanik & Ors vs Raj Kumar Agarwalla & Ors on 21 April, 2022
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A No. 547 of 2015
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Tarun Paramanik & Ors. .... .... Appellant(s).
Versus Raj Kumar Agarwalla & Ors. .... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Appellant(S) : Mr. Indrajit Sinha, Advocate Mr. Bibhash Sinha, Advocate For the Respondent :
6/21.04.2022 This appeal will be heard on the following questions of law:-
1) Whether the suit could have been decreed by granting the relief to the plaintiff when no declaration was sought to cancel the sale deed, which was executed in favour of father of the defendant nos. 1,2 & 3 bearing Deed No. 5164 dated 17.3.1970?
2) Whether the relief sought for is barred by proviso of Section 34 of the Specific Relief Act when admittedly it is the case of the plaintiff that the defendant nos. 1,2 & 3 were in possession over the land and has executed an agreement for sale by virtue of a registered sale deed which was executed by the vendor of the plaintiffs in favour of the father of defendant nos. 1,2 & 3.
3) Whether declaration for cancellation of the sale deed is necessary, even if admittedly by virtue of facts narrated, the sale deed does not confer any right, title & interest over the property in question in favour of the buyer?
4) Whether sale deed which does not confer any right, title or interest over any property can be said to be a document which is null and void abinitio and whether it is necessary to seek a declaration to that effect and without seeking to cancel the said deed a suit for declaration of right, title over the same land can be decreed?
Issue notice to respondents for which requisites etc. under registered post with A/D as well as through ordinary process must be filed within two weeks.
In the meantime, Execution Case No. 35 of 2018 pending in the court of Civil Judge (Jr. Div) 1st, Dhanbad will not proceed till further orders from this Court.
Call for the lower court record.
(ANANDA SEN , J) anjali/cp2