SMT. DULARIA DEVI versus JANARDAN SINGH & ORS.

SMT. DULARIA DEVI versus JANARDAN SINGH & ORS.

The sale deed was executed by an illiterate woman who was deceived regarding the character of the document. Her mind did not accompany the execution, rendering the transaction void and not voidable. A suit for cancellation is barred by section 49 of the U.P. Consolidation of Holdings Act, 1953, as only consolidation authorities may adjudicate the validity of such void transactions during consolidation proceedings.

Parties
Appellant: Smt. Dularia Devi; Respondent: Janardan Singh and Ors.
Jurisdiction
India
Judgment Date
02 March 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 2954 of 1979
Outcome
Appeal dismissed
Legal Topics
Fraud in Execution of Deeds, Jurisdiction Barred Under U.p. Consolidation of Holdings Act S.49, Validity and Cancellation of Sale Deeds
Property Law Civil Procedure Fraud in Execution of Deeds Jurisdiction Barred Under U.p. Consolidation of Holdings Act S.49 Validity and Cancellation of Sale Deeds

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Parties

Smt. Dularia Devi

Appellant

Janardan Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 2954 of 1979

Legal Issues

  1. 1 Whether suit for cancellation of a void sale deed is barred when consolidation proceedings are pending under s.49 of the U.P. Consolidation of Holdings Act, 1953
  2. 2 Whether the sale deed executed by fraud is void or voidable

Ratio Decidendi

The sale deed was executed by an illiterate woman who was deceived regarding the character of the document. Her mind did not accompany the execution, rendering the transaction void and not voidable. A suit for cancellation is barred by section 49 of the U.P. Consolidation of Holdings Act, 1953, as only consolidation authorities may adjudicate the validity of such void transactions during consolidation proceedings.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs