Madhya Pradesh High Court
Satish Chandra Gupta vs Ku.Shakuntala Pradhan on 11 May, 2015
SA-126-2008
(SATISH CHANDRA GUPTA Vs KU.SHAKUNTALA PRADHAN)
11-05-2015
Smt. J. Choudhari, learned counsel for the appellants.
Shri K.N. Fakhruddin, learned counsel for the
respondent No. 2 and 3.
Heard learned counsel for the appellants on the question of admission.
The appeal is admitted for final hearing on the following substantial question of law:-
â(i). Whether in a redemption suit, both the courts below, could stick to one Exhibit P-1 the sale deed without considering the intention and surrounding circumstances created through other 2 transaction Exhibit P-3 rent note and Exhibit P-2 deed of reconveyance?
(ii) Whether the findings of both the courts below that Ex. P-1 is a absolute sale of the suit property, without considering Ex. P-2 deed of reconveyance executed by the defendant in favour of the plaintiff, which ordinarily could not be executed on absolute sale?
(iii) Whether the sale transaction between the defendant No. 1, 2 and 3 could have been given effect in view of section 54 of the transfer of property Act?â Issue notice.
Shri K.N. Fakhruddin, learned counsel, accepts notice on behalf of respondent No. 2 and 3.
Issue notice to the respondent No. 1 only, on payment of P.F. within seven days.
Learned counsel for the appellants is directed to serve the copy of appeal memo along with substantial question of law to the counsel for the respondents No. 2 and 3. Interim order dated 17.01.2008 shall remain in operation till the final decision of the appeal. List the appeal for final hearing in due course. Certified copy as per rules.
(VANDANA KASREKAR) JUDGE