Legal Question in Civil Litigation in India

Sale Deeds of different plots sold by Defendant-1 to Defendant-2, D-1 to D-3, D-1 to D-4 are cancelled by trial court by way of a Decree. During pendency, D-4 had sold his plot to D-5, who was also party. But that sale deed between D-4 and D-5 is not cancelled and the Defendant-5 was also dropped by way of an interim order by the trial court since the Plaintiff (claimant) stated in his Cross examination that he has no intention to interfere with the plot sold by D-4 to D-5.

One of the plot purchaser, Defendant-1 filed appeal before District Court against the Plaintiff and other Defendants.

Other Defendants have not filed any appeal or cross objections within the limitation.

Whether the D-4 can argue at the final hearing stage of the appeal that Under Order 41 Rule 33 of CPC, the Trial Court Decree requires to be modified so as to reverse the cancellation of his sale deed, since the D-5 to whom he has sold the plot is dropped and since there are no issues to be proved by D-4 and since the Plaintiff in his cross stated that he has no claim over the plot purchased by D-5 from D-4, which in trun was first purchased by D-4 from D-1?


Asked on 4/12/12, 11:30 pm

1 Answer from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

When the trial court has cancelled the sale deed by D1 to D4 then D4 has no right in the said Plot and the sale by D4 to D5 is not valid and D5 cannot have any better title than D4 whose title has already been cancelled by the court's decree.

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Answered on 4/28/12, 9:02 am


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