JITAR SINGH Vs. GABAR SINGH NEGI
HIGH COURT OF UTTARAKHAND
Gabar Singh Negi
Click here to view full judgement.
B.S.VERMA, J. -
(1.) BY means of this writ petition, the petitioner has sought a writ
in the nature of certiorari quashing the impugned judgment and order
dated 19 -5 -2009 passed by the Civil Judge (Junior Division) Haridwar
whereby the learned trial Court has decided preliminary Issue No.7
holding that the civil Court has jurisdiction to try the suit as well as
the order dated 15 -12 -2010, whereby the revision of the
petitioner -defendant, preferred against the order dated 19 -5 -2009, has
been dismissed by the revisional Court thereby upholding the order passed
(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the plaintiff -respondent herein filed a suit for
cancellation of sale deed dated 23 -4 -1990, which was registered as Civil
Suit No. 424 of 2006, Gabar Singh Negi Vs. Jitar Singh before the trial
Court, on the ground that he purchased the land of plot no. 203/3 M. from
Atru by way of a sale deed dated 8 -1 -1986, which was duly registered in
the office of the Sub Registrar.
(3.) ACCORDING to the plaintiff -respondent during the consolidation operations, the plot no. 203/3 M. had been changed to its new plot number
1038. It was also alleged by the plaintiff that he could not get mutated his name on the basis of sale deed dated 8 -1 -1986 but when he came to
know regarding the sale deed of the petitioner -defendant dated 23 -4 -1990,
which was executed by Atru in favour of the defendant -petitioner, he
moved a mutation application and his mutation application was allowed on
10 -2 -2000.
According to the petitioner, the plaintiff -respondent got the knowledge of the sale deed, which was executed by Atru in favour of the
defendant in the year 1999 but the suit for cancellation of sale deed was
filed in the court on 4 -12 -2006.;
Copyright © Regent Computronics Pvt.Ltd.