Property Law – Title to immovable property – Fraudulent sale deed executed by impersonation – Sale deed executed by impersonator is void ab initio – Such document conveys no title to transferee – Subsequent purchaser from such transferee also acquires no valid title. (Paras 22–24) Transfer of Property – Chain of title – When vendor himself has no valid title – Principle of nemo dat quod non habet – Purchaser from a person having no title cannot acquire better title – Subsequent registered sale deed does not confer valid ownership. (Paras 23–24)

advocatemmmohan

Civil Procedure Code, 1908 – Section 100 – Second Appeal – Scope of interference – High Court cannot interfere with concurrent findings of fact recorded by trial Court and first appellate Court unless findings are perverse, contrary to law, based on no evidence or inadmissible evidence – First appellate Court being final Court of facts – When no substantial question of law arises, second appeal liable to be dismissed.

(Paras 15, 17, 29)

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Property Law – Title to immovable property – Fraudulent sale deed executed by impersonation – Sale deed executed by impersonator is void ab initio – Such document conveys no title to transferee – Subsequent purchaser from such transferee also acquires no valid title.

(Paras 22–24)

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Transfer of Property – Chain of title – When vendor himself has no valid title – Principle of nemo dat quod non habet – Purchaser from a person having no title cannot acquire better title – Subsequent registered sale deed does not confer valid ownership.

(Paras 23–24)

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Limitation Act, 1963 – Article 65 – Suit for declaration of title and recovery of possession – Plaintiff dispossessed in December 2008 – Suit filed in 2009 – Limitation period of 12 years from date of dispossession – Suit within limitation – Article 59 relating to cancellation of instrument not applicable.

(Para 26)

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Property Law – Void document – Necessity of cancellation – When earlier document is void ab initio due to impersonation – Such document need not be cancelled by separate relief – It can simply be ignored in a suit for declaration of title and possession.

(Para 27)

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Adverse Possession – Claim of title under registered sale deed – Party claiming ownership under sale deed cannot simultaneously plead adverse possession – Assertion of lawful title negates hostile possession required for adverse possession.

(Para 25)

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Civil Procedure Code – Order XLI Rule 31 – First appellate Court judgment – Requirement of framing points for determination and discussing evidence – When appellate Court frames relevant points and re-appreciates evidence, judgment cannot be said to violate Order XLI Rule 31 CPC.

(Para 28)

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RESULT

Second Appeal Dismissed –
Decree and judgment dated 10-07-2025 in A.S. No.240 of 2012 on the file of the III Additional District Judge, Guntur confirming decree in O.S. No.86 of 2009 upheld – Appellant/defendant No.1 directed to deliver vacant possession of plaint schedule property to the plaintiff within two months – Each party to bear their own costs.
(Para 30)