NARENDRA KUMAR MITTAL Vs. NUPUR HOUSING DEVELOPMENT PVT. LTD.
LAWS(SC)-2019-7-128
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on July 31,2019

Narendra Kumar Mittal Appellant
VERSUS
Nupur Housing Development Pvt. Ltd. Respondents

JUDGEMENT

S. Abdul Nazeer, J. - (1.) Civil APPEAL NO. 5979 OF 2019 (Arising out of S.L.P. (C) No.8352 of 20151. Leave granted.
(2.) The question for consideration in this appeal is whether the suit filed by the first respondent-plaintiff for cancellation of the sale deed dated 15.06.2006 against the appellant-second defendant and second respondent-first defendant, and for injunction restraining them from interfering with its possession of the property was maintainable?
(3.) The plaintiff is a private limited company, registered under the Companies Act, 1956. It had purchased from the first defendant certain properties (for short 'the disputed property') in Village Yakootpur, Pargana and Tehsil Dadri, District Gautam Budh Nagar under five sale deeds, all dated 17.10.1998. The plaintiff submitted an application in the office of the Tehsildar for having its name entered in the record in respect of the disputed property. During the pendency of these proceedings, it came to the knowledge of the officials of the plaintiff that the first defendant had illegally sold the disputed property through four registered sale deeds all dated 15.06.2006 in favour of defendant Nos. 2 to 5. Therefore, the plaintiff filed original suit No.55 of 2008 in the court of the Civil Judge (Sr. Division) Gautam Budh Nagar, for cancellation of the said sale deed and also for injunction against the first defendant and the second defendant restraining them from interfering with its possession and use of the property.;


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