LI Network
Published on: December 11, 2023 at 15:08 IST
The Allahabad High Court has ruled that an individual whose name as the tenure holder of a land is subject to a stay order cannot proceed to execute a sale deed for the said land.
Justice Rajnish Kumar, in handling the case involving the sale of land by the wife of a deceased tenure holder, stated that since the Tehsildar had imposed a stay on entering the wife’s name as the tenure holder, she lacked the right to establish third-party rights on the land.
The petitioner, Neelam Shukla, was the recorded tenure holder of the disputed land, being the father of the respondents. After her husband’s death, the petitioner’s name was recorded as the tenure holder.
However, after her remarriage, a suit for permanent injunction was filed by the respondents, arguing that her remarriage resulted in a loss of rights to be recorded as the tenure holder, leading to a stay on the mutation of records in her favor.
The civil appeal against the Trial Court’s order was allowed, emphasizing that the petitioner executed a sale deed during the stay on the mutation. The court directed the parties to maintain the status quo.
The High Court observed that the petitioner failed to deny executing the sale deed during the stay on the mutation records. Therefore, the Court upheld the order of the Civil Court, finding no illegality in granting an interim injunction against the petitioner.
The Court emphasized that once the entry of the petitioner’s name was stayed, she lacked the right to execute a sale deed for the land.
Citing relevant Supreme Court decisions, the Court highlighted that the appellate court should not interfere with the trial court’s discretion unless it is exercised arbitrarily or ignores settled principles.
In this context, the Court affirmed that the sale deed execution by the petitioner was rightly challenged by the respondents in the ongoing civil suit, supporting the injunction granted against her.
Case Title: Neelam Shukla And 3 Others v. Balika Shukla And 2 Others
