Revenue
Arun Kumar
(Querist) 07 July 2018
This query is : Open
'A' father gifted his immovable property to 'B' son.,through irrevocable gift deed.
On the next day itself he cancelled the gift deed unanimously and gifted the same property to ' c' another son.
B filed a declaration suit asking to declare the cancellation deed and the gift deed excuted by the father 'A' to 'C' null and void.
B was succeeded in the case i.e in the sub court and the district court.
Now the matter is pending before high court for second appeal.
Meanwhile B Applied for patta transfer based on the decree of the district court.
But the tashildar rejected the application stating that "the matter is pending before high court,so we cannot issue patta".
1)Can a tashildar reject the application of patta transfer if the suit is pending before high court for second appeal?
2) if not what is the remedy?
Dr J C Vashista
(Expert) 08 July 2018
The tehsildar is correct, the case is still subjudice before High Court
P. Venu
(Expert) 08 July 2018
Let the High Court is quite meaningless in the given circumstances.