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.

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