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1 - 9 of 9 (0.90 seconds)Section 30 in The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 [Entire Act]
Dr. Govinddas And Anr. vs Shrimati Shantibai And Ors. on 21 January, 1972
In this regard,
reference has been made to the decision of the Supreme Court in
the case of "Dr. Govinddas and another Vs. Shrimati Shantibai
and others" 1972 PLR 227.
Atla Sidda Reddy vs Busi Subba Reddy & Ors on 6 May, 2010
In
this regard, the Supreme Court in the case of Alta Sidda Reddy
(Supra) has held that if there are two sale-deeds, then the sale deed
prior in time shall prevail and at the time of execution of second
sale deed, the vendor would not have any right or title in the
property which can clothe the subsequent purchaser with any right
or title as no one can transfer a better title that he possess. In view
thereof, the first question which has been raised by counsel for the
appellant is decided in his favour.
Section 42 in The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 [Entire Act]
Section 41 in The Transfer Of Property Act, 1882 [Entire Act]
Jasvir Singh vs Mohan Singh And Others on 19 March, 2010
In respect of the first question of law, counsel for the
appellant in the second appeal has relied upon a judgment of the
Supreme Court in the case of "Alta Sidda Reddy Vs. Busi Subba
Reddy and others" 2010 (4) Civil Court Cases 146 (SC) and in
RSA No.877 of 1991 -6-
CWP No.1753 of 1986
respect of the second question of law, has relied upon various
decisions of this Court in the case of "Tejbir Singh Vs. Darshan
Kumar (dead) and others" 2009 (3) RCR (Civil) 654, "Amrik
Singh Vs. Tarlok Singh and others" 2004(3) RCR (Civil) 447,
"Nazar Singh and others Vs. Nand Lal and others" 1992 PLJ
175 and "Jasvir Singh Vs. Mohan Singh and others" 2010 (3)
RCR (Civil) 654.
Siri Kishan And Ors. vs Mem Chand on 9 October, 1981
Counsel for the appellant in the second appeal has
submitted that though the learned Appellate Authority had reversed
the finding of the learned trial Court with regard to the applicability
of Section 30 of the Act, in view of the decision of this Court, in the
case of "Siri Kishan and others Vs. Mem Chand (died)
represented by LRs" 1981 PLJ 532, on the ground that the
transferee can enforce the transaction against the transferor and
can follow the land allotted to the transferor during consolidation,
yet the suit has been dismissed on the ground that the subsequent
RSA No.877 of 1991 -5-
CWP No.1753 of 1986
vendees of the legal heirs of Wazira Singh are protected under
Section 41 of the Transfer of Property Act, 1882 (for short 'the 1882
Act') being bona fide purchasers. It is contended that if the first
sale deed dated 21.6.1965 (Ex.P1) executed by Wazira Singh has
been accepted as valid then how can the subsequent sale deed
dated 30.7.1984 (Ex.D1) by his heirs in favour of subsequent
vendees be held to be valid because they were left with no right in
the property in dispute which could be transferred. In this regard,
he has referred to the questions of law which were framed by way of
his separate application, which are as follows:
Tejbir Singh vs Darshan Kumar (Dead) And Ors on 5 March, 2009
In respect of the first question of law, counsel for the
appellant in the second appeal has relied upon a judgment of the
Supreme Court in the case of "Alta Sidda Reddy Vs. Busi Subba
Reddy and others" 2010 (4) Civil Court Cases 146 (SC) and in
RSA No.877 of 1991 -6-
CWP No.1753 of 1986
respect of the second question of law, has relied upon various
decisions of this Court in the case of "Tejbir Singh Vs. Darshan
Kumar (dead) and others" 2009 (3) RCR (Civil) 654, "Amrik
Singh Vs. Tarlok Singh and others" 2004(3) RCR (Civil) 447,
"Nazar Singh and others Vs. Nand Lal and others" 1992 PLJ
175 and "Jasvir Singh Vs. Mohan Singh and others" 2010 (3)
RCR (Civil) 654.
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