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Bhupendra Singh Vs. Additional District Judge and ors. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1983)2SCC263
AppellantBhupendra Singh
RespondentAdditional District Judge and ors.
Excerpt:
- .....case with respect to this very transaction the district judge held that the sale-deeds were valid, genuine and for adequate consideration. in the instant case a contrary finding has been arrived at by the district judge. the high court having noticed the inconsistency has refused to interfere because it found itself bound by the finding of fact. in view, however, of the strange situation that has arisen in this case in view of the finding given by the district judge with respect to the validity of the transaction, the matter in our opinion requires a deeper probe. we therefore allow this appeal and remit the matter to the prescribed authority who after taking the evidence of the parties and hearing them will give a clear finding whether the sale-deeds in question are genuine and.....
Judgment:

Order

This appeal in our opinion must succeed on a short point. The High Court has itself clearly found that in another case with respect to this very transaction the District Judge held that the sale-deeds were valid, genuine and for adequate consideration. In the instant case a contrary finding has been arrived at by the District Judge. The High Court having noticed the inconsistency has refused to interfere because it found itself bound by the finding of fact. In view, however, of the strange situation that has arisen in this case in view of the finding given by the District Judge with respect to the validity of the transaction, the matter in our opinion requires a deeper probe. We therefore allow this appeal and remit the matter to the prescribed authority who after taking the evidence of the parties and hearing them will give a clear finding whether the sale-deeds in question are genuine and for valid consideration as required by the provisions of the Ceiling Act. State to continue until the final orders are passed by the prescribed authority.


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