Qadeer Ahmad @ Qadeer Ahmad Siddiqui and Others v. Shakeel Ahmad and Others

Allahabad HC25 Jul 2024A227/2935/2024

Case brief

AI extract

What is this about?

Petition under Article 227 seeking setting aside of a trial court order declining ad-interim stay in a title dispute over land sold by sale deed dated 11.09.2023. The High Court issued notice to the respondents, sought counter and rejoinder affidavits, and directed maintenance of status quo on the property until the next date.

What did the court decide?

Notice issued to opposite parties; counter affidavit within three weeks; rejoinder one week thereafter; status quo on the property to be maintained till next listing.

Qadeer Ahmad @ Qadeer Ahmad Siddiqui and Others vs… — Property and Title | Allahabad HC (2024)

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Court No. - 2

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Case :- MATTERS UNDER ARTICLE 227 No. - 2935 of 2024

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Petitioner :- Qadeer Ahmad @ Qadeer Ahmad Siddiqui And Others Respondent :- Shakeel Ahmad And Others Counsel for Petitioner :- Manish Kumar Tripathi,Ripu Daman Shahi,Sudheer Tripathi

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Harshvardhan Shahi holding brief of Sri R.D. Shahi, learned counsel for the petitioners.

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Issue notice to opposite parties returnable at an early date.

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Steps within a week.

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Office to proceed accordingly.

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By means of this petition the petitioner has prayed following relief :

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" A) Issue an appropriate order or direction for setting aside the order dated 31.5.2024 passed by the Court of Civil Judge, Senior Division, Lucknow in Civil Suit No. 1684 of 2024 titling Qadeer Ahmad @ Qadeer Ahmad Siddiqui and others Versus Shakeel Ahmad and others to the extent it has declined the ad-interim stay, contained as Annexure no. 1 to the instant petition."

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Learned counsel for the petitioners has contended that while passing the order dated 31.5.2024 the trial court overlooked that from perusal of the sale deed dated 11.09.2023 it is crystal clear that the opposite party no 1 has no clear title over the property, i.e, land area ad-measuring 1581 sq.ft. and described it as ancestral property in the shape of residential plot no. 125/015/04 in the sale deed. The trial court ignored the fact that the entire sale consideration remains unpaid till date and the deed also contains the specific clause that in case the entire sale consideration if not realized the deed will itself stand cancelled. Indicating towards true intentions of the opposite parties. Apparently, no title has been transferred through sale deed dated 11.09.2023 until the entire sale consideration is paid.

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Learned counsel for the petitioners has also submitted that the trial court failed to appreciate the fact that the rough map annexed to the sale deed dated 11.09.2023 is not in accordance with the boundaries as mentioned in said sale deed. The trial court failed to consider that the title of opposite party no.1 over the alleged property is under cloud. On the other hand the petitioners have purchased the property from the legal heirs and successors of Late Nawab Syed Nur-ul-Hasan having the trace

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of title way back upto year 1907. Mere mentioning of name in municipal records is not sufficient proof of ownership of property. Particularly. when the property was not purchased by opposite party no. 1 and the status of Late Basheer Ahmad, i.e., the father of opposite party no.1, was also of tenant of the property.

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It has been further submitted that the opposite parties are adamant to grab the land on the basis of bogus and fraudulent sale deed dated 11.09.2023. The ongoing construction indicates that the opposite parties are inclined to dispose of property by creating third party interest after earning huge profits.

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Let the counter affidavit be filed within a period of three weeks, rejoinder affidavit, if any, may be filed in one week thereafter.

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List this petition in the week commencing 15.7.2024 as fresh.

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Till the next date of listing the status quo in respect of property in question as on today shall be maintained.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 14.6.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Qadeer Ahmad @ Qadeer Ahmad Siddiqui and Others v. Shakeel Ahmad and Others

Case brief

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Qadeer Ahmad @ Qadeer Ahmad Siddiqui and Others v. Shakeel Ahmad and Others

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