Himachal Pradesh High Court
Bhimu (Deceased) vs . Gaura Devi (Deceased) And on 17 July, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Bhimu (deceased) Vs. Gaura Devi (deceased) and connected matter.
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RSA No. 7 of 2005 with CO No. 36 of 2005 17.7.2023 Present: Mr.G.D. Verma, Senior Advocate alongwith Mr.Sumit Sharma, Advocate, for the appellants.
Mr.G.R. Palsra, Advocate, for respondents No. 1(c) and 1(f).
Appeal was admitted on substantial question No. 1, formulated at page 10 of paper book on 5.3.2005, which read as under:-
"Whether a person admitted to be already in possession of the property as mortgage can be allowed to assert an adverse possession on the basis of a writing which is required to be registered under law?"
On 23.2.2022, on application of appellant, following additional substantial questions of law were framed:-
"1. Whether the findings recorded by learned Appellate Court are vitiated on account of misreading, misconstruction and misinterpretation of provisions of law, pleadings of the parties as well as entire evidence on record?
2. Whether the defendant having not pleaded the defence of protection and benefit under Section 53- A of the Transfer of Properties Act, as per requirement of provision of law, cannot be given this benefit for the first time in Appeal because the defendant specifically claimed that she purchased the suit land for Rs.1755/- on 8.4.1965?::: Downloaded on - 18/07/2023 20:37:17 :::CIS
3. Whether plea of purchase of land in suit by the defendant and acquiring title by way of adverse .
possession are mutually destructive and as such, not sustainable under law?"
Before hearing the matter, it has been pointed out that respondent has also filed Cross-objections No. 36 of 2005, which were admitted on 5.3.2005, however, substantial question of law upon which objections were admitted are not mentioned in the order.
Learned counsel for the parties are in agreement that cross-objections were admitted on the substantial questions of law filed alongwith cross-objections, which read as under:-
"1. Whether document Exhibit D3 requires no registration as prior to 1971 Registration Act was not applicable in Himachal Pradesh?
2. Whether document Exhibit D3 is a complete sale in the eyes of law?"
Upon the aforesaid substantial questions of law, matter has been heard in part.
List for continuation on 18th July, 2023.
(Vivek Singh Thakur), Judge.
17th July, 2023 (Keshav) ::: Downloaded on - 18/07/2023 20:37:17 :::CIS