Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. f15---Transfer of Property Act (IV of 1882), S. 54---Revisional jurisdiction, exercise of---Courts below after careful and elaborate appraisal of evidence produced by parties, came to conclusion that vendor had failed to establish that sale-deed in respect of property in dispute executed in favour of vendee by vendor was procured by vendee through fraud---Courts below also found that suit filed by vendor against vendee was barred by time---Concurrent findings of fact recorded by two Courts below, not suffering from any material irregularity and illegality such as misreading, misconstruction or non-reading of evidence, and thus- could not be interfered with in revisional jurisdiction of High Court. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Sale of property---If a sale was effected through registered sale-deed in which amount of consideration was mentioned, same could not be construed to be a sale without consideration though it could altogether be a different matter whether payment of that consideration was made or not. JUDGMENT This is plaintiff's revision petition in which a concurrent finding of fact recorded by both the Courts below under issue No.l that the sale-deed in dispute was not procured through fraud and misrepresentation as alleged by the petitioner and that the suit was barred by time have been challenged. 2. The petitioner was holding verified claim in respect of land left by him in India. He executed a power of attorney in favour of respondent Noa on 25-7-1964 which was produced in evidence as Exh.P.l conferring upon him all the powers to enable him to get evacuee land allotted in lieu of his said claim authorising him also to receive and making payment, sell the property and execute the transfer deeds. In the concluding part of this power of attorney admittedly executed by the petitioner the same was described as sale-deed. The land in dispute was allotted to the petitioner at Khata No. 22 of RL-II (Exh.P.2). This document shows that the land was proposed on 26-3-1968 and confirmed on 31-3-1969. The petitioner was present as per entries in this document. This allotment was obtained…

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