2011 AIR CC 1044 (JHAR) ::2011 (1) AIR Jhar R 605 ::AIR 2011(NOC) (SUPP) 1294 (JHAR.) ::(2011) 1 JCR 454 (JHA)

Jharkhand High Court

Hon'ble Judge(s): Narendra Nath Tiwari , J

(A) Specific Relief Act (47 of 1963) S. 34 — Suit for declaration — Plaintiff claim that sale deed executed in favour of defendants is a forged document — Allegation on plaintiff that it was a forged document and was fraudulently obtained — However, there is no pleading giving material facts and particulars constituting element of fraud in said transaction — Found that defendant has been able to prove registered sale deed as also his continuous possession since after execution of sale deed — Plaintiff has not been able to prove any element of fraud in said transaction — Concurrent findings of Court that sale deed is valid and legal and that same was executed by plaintiff himself after accepting consideration amount — No interference (Para 8)