Petitioner sought cancellation of a sale deed executed by a respondent during the pendency of a partition suit. The court held that title disputes cannot be decided via writ jurisdiction and dismissed the petition.
Direction to cancel the sale deed dated 31.01.2019 was not granted;Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.184 of 2020
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Tara Devi @ Tara Kumari W/o Late Baban Singh Resident of VillageBasdeopur, P.o.- Lahang Dumaria, P.s.- Bihia, District- Bhojpur, Pin-802154
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kameshwar Singh For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 16-01-2020 Heard both sides.
The petitioner has filed this writ petition for a direction upon respondent No.2 to cancel the sale deed dated 31.01.2019 executed by respondent No.6 in favour of respondent No.7.
The learned counsel for the petitioner submits that the petitioner has already been separated from respondent No.6 through Khangi Batwara but respondent No.6 is also claiming the land of her share. The respondent No.6 filed Partition Suit
Patna High Court CWJC No.184 of 2020(2) dt.16-01-2020 2/2
No. 101 of 2018 but during the pendency of partition suit he illegally executed sale deed in favour of respondent No.7 with regard to land in question, which was already been allotted in favour of the petitioner, who is a widow.
On the basis of submissions, I find that there is bonafide dispute with regard to partition of the land. The petitioner claims that she got the land in her share in Khangi Batwara but respondent No. 6 filed Partition Suit No. 101 of 2018 for partition of the ancestral lands, including the land in question. During the pendency of the Partition Suit No. 101 of 2018 respondent No.6 executed the sale deed.
This court in writ jurisdiction cannot direct the respondent No.2 to cancel the sale deed unless it is proved that respondent No.6 had no title over the land and the land in question fell in the share petitioner and this question of title can not be decided in this writ petition on the question of disputed facts.
Having considered the facts, I find no merit in this writ petition and the same is, accordingly, dismissed.
BKS/-
(Prabhat Kumar Jha, J)
U
2 issues framed by the court
Whether writ jurisdiction can direct cancellation of a sale deed executed during pendency of a partition suit based on disputed questions of title.
Whether the petitioner’s claim to land share in Khangi Batwara supports dismissal of her petition to cancel the sale deed.
Tara Devi @ Tara Kumari W/o Late Baban Singh
The District Magistrate Bhojpur
The Sub Divisional Magistrate (S.D.M.) Jagdishpur, Bhojpur
Land Reforms, Deputy Collector Jagdishpur, Bhojpur
The Block Circle Officer Bihia, Bhojpur
Mantosh Kumar Singh S/o Late Radha Mohan Singh
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
