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Showing contexts for: voidable document in State Of Punjab vs Surjit Kaur (Dead) Through L.Rs. And ... on 26 July, 2002Matching Fragments
2. In pursuance of the aforesaid order, the State of Punjab instituted a civil suit on 2.9.74 for a declaration that the sale deed executed by Smt. Bachan Kaur in favour of respondent Nos. 1 and 2 is illegal and void and the same does not confer any title on these vendees. Respondent nos. 1 and 2 were arraigned as defendants in the said suit along with Smt. Bachan Kaur, Respondent nos. 1 and 2 filed a separate written statement, wherein they took the plea that they being the bona fide purchaser of the land for consideration, have acquired title under Section 41 of the Transfer of Property Act. The trial court framed several issues and after considering the matter, decreed the suit. Aggrieved respondents preferred an appeal before the first appellate court against the decree of the trial court, which was dismissed. The respondents thereafter preferred a second appeal before the High Court, The High Court was of the view that since respondent nos. 1 and 2 were the bona fide purchasers for the consideration, the sale deed executed by Smt. Bachan Kaur is not a voidable document. In view of that matter, the appeal preferred by the respondents were allowed and the decree affirmed by the first appellate court was set aside. It is against the said judgment of the High Court, the State of Punjab is in appeal before us.