Punjab And Haryana HC: Sale deed executed by person having no title over it, such sale deed do not confer any title on purchaser and can be ignored even in collateral proceeding

  Firstly, the proprietors are not party to the decree dated 6.3.1986 or the subsequent sale deeds. The said sale deeds are without any title or interest in the suit property. The sale deeds have been executed by defendant No. 1 even though he had no title or interest to sell the same in favour of defendant Nos. 2 to 5. Since the sales are by incompetent person without having title in the suit property, such sale deed will not confer a valid title in favour of the purchasers. Since such sale deeds are without any title of the vendor, the same can be ignored even in collateral proceedings. This is what has been held by supreme Court in the case of Dhurandhar Prasad Singh v. Jai Parkash University and others, 2001(4) RCR(Civil) 280 : Judgments today 2001(6) SC 573, wherein the distinction between void and voidable order has been discussed in detail.  {Para 16}

 IN THE HIGH COURT OF PUNJAB AND HARYANA

R.S.A. No. 4041 of 2007

Decided On: 12.08.2009

Lajja Ram and Ors. Vs. Rati Chand and Ors.

Hon'ble Judges/Coram:

Hemant Gupta, J.

Citation: MANU/PH/2423/2009,2010(1) ICC 70, 2009(4) R.C.R(Civil) 598.

Read full Judgment here: Click here.

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Whether magistrate can consider legality of divorce decree in application U/S 12 of DV Act?

Respondent No. 2, who did not change her stand in the second motion and obtained a sham decree of divorce as alleged by her asked the criminal court to sit in appeal against the judgment and decree of the competent Civil Court. The complaint was filed before the Magistrate, Jalandhar while the decree of divorce had been granted by the District Judge, Ludhiana i.e. of another district. Therefore, it is beyond our imagination as under what circumstances a subordinate criminal court can sit in appeal against the judgment and order of the superior Civil Court, having a different territorial jurisdiction.

22. In the facts and circumstances of the case, the submission made on behalf of Respondent No. 2 that the judgment and decree of a Civil Court granting divorce is null and void and they continued to be the husband and wife, cannot be taken note of at this stage unless the suit filed by the Respondent No. 2 to declare the said judgment and decree dated 20.3.2008 is decided in her favour. In view thereof, the evidence adduced by her particularly the record of the telephone calls, photographs attending a wedding together and her signatures in school diary of the child cannot be taken into consideration so long as the judgment and decree of the Civil Court subsists. On the similar footing, the contention advanced by her counsel that even after the decree of divorce, they continued to live together as husband and wife and therefore the complaint under the Act 2005 is maintainable, is not worth acceptance at this stage.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1635 of 2011 

Decided On: 23.08.2011

 Inderjit Singh Grewal Vs.  State of Punjab and Ors.

Hon'ble Judges/Coram:

P. Sathasivam and B.S. Chauhan, JJ.

Citation: (2011) 12 SCC 58

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Whether validity of auction sale can be challenged in collateral proceedings?

In view of this position, the validity or otherwise of the
auction sale pursuant to the decree can not be incidentally gone into.
No relief has been claimed regarding the auction sale or the delivery
of possession affected pursuant to the decree. The Hon’ble Supreme
Court in the case of Inderjit Singh Grewal Vs. State of Punjab &
Anr. 2012 (1) BLJ 42 SC has held that even if an order is void or
voidable, same requires to be set aside by competent Court. Even if
a decree is void, ab initio, declaration to that effect has to be
obtained from competent Court. Such declaration cannot be obtained
in collateral proceedings.
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.601 of 1986

Harak Nath Yadav & Ors .
V
Mosmat Meena Devi & Ors 
CORAM: MR. JUSTICE MUNGESHWAR SAHOO

Dated: 04 th, October, 2016.
Citation: AIR 2017 Patna 44

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