Declaration of Sale Deed Sham–Decree of–Set aside by the First Appellate Court–High Court set aside the findings of First Appellate Court–Justification–Sale deed was registered–There is a very strong presumption about the validity and genuineness of the document in question–Findings of First Appellate Court that the plaintiff was in collusion with defendant nos. 3 to 5 are correct–There is no question of sale deed with repurchase option at a later date–It is not a mortgage by conditional sale–Trial Court failed to consider the effect of non-challenge of the registered lease deed which was executed between the parties after the sale deed in question–Admission of symbolic possession having been handed over to the appellant-defendant nos. 1 & 2–Mere allegation of inadequacy of consideration does not make the deed void–Impugned judgment passed by the High Court is liable to be set aside.
