1. Case :- WRIT - C No. - 25103 of 2020…
Withdrawal of writ petition granted with liberty to challenge earlier sale deed or file suit for damages if fraud is suspected.
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Court No. - 1
1. Case :- WRIT - C No. - 25103 of 2020
Petitioner :- Kanta Devi Alias Kanti Devi Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Sikandar Khan Counsel for Respondent :- C.S.C.,Azad Rai
2. Case :- WRIT - C No. - 8214 of 2020
Petitioner :- Smt. Kanta Devi Alias Kanti Devi Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Sikandar Khan Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Vivek Agarwal,J.
Sri Sikandar Khan, learned counsel for the petitioner after arguing for sometime prays for withdrawal of the writ petition with liberty to assail execution of sale deed made by Ram Niwas in favour of one Mahendra Singh in asmuch as he fairly submits that revenue entries do not confer any title on a person and title is to be derived from the sale deed in his favour. Dispute is in regard to validity of earlier sale deed for which remedy is before the appropriate court of civil jurisdiction.
Learned counsel for the petitioner submits that it may be observed that any finding recorded by the revenue courts will not come in way of the petitioner if petitioner chooses to challange the earlier sale deed before the court of competent jurisdiction.
This proposition is not objected by Sri.S.M. Pandey, learned Standing Counsel for the State. Accordingly both the writ petitions are disposed of with a direction that in case petitioner is advised, she may challange the earlier sale deed on grounds as may be available to her or in the alternative will be free to file suit for damages against her vendor in case she is advised that subsequent sale deed has been fraudulently executed in her favour by the vendor suppressing fact of earlier sale deed.
The writ petition is dismissed as withdrawn with the aforesaid liberty.
Order Date :- 12.1.2021 S.K.S.
Kanta Devi Alias Kanti Devi
State Of U.P.
Vivek Agarwal
As recorded by the court registry
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