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Sedi (Smt.) & Anr. vs. Moolchand & Ors.

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Rajasthan Tenancy Act, 1955–Sec. 42–Suit for declaration, cancellation of sale deed and permanent injunction–Decreed–Appreciation of–Sale deed executed by the father of plaintiff in favour of defendant no. 2 was hit by the provisions of Sec. 42–Trial Court disbelieved the fact that the land had been purchased in the year 1952 through an agreement of sale–Neither such plea was taken in written statement nor the execution of agreement was established–Further, the sale deed executed for the sale consideration more than Rs. 100/- was required registration in view of the provisions of Sec. 54 of T.P. Act–Held, suit was rightly decreed.