JUDGMENT Rajesh Kumar, J. – Heard learned counsel for the appellants. The appellants herein/plaintiffs have filed Title Suit No. 17 of 2005 for declaration of title and possession over the suit land and if found dispossessed recovery of possession thereof fully described in Schedule-A and also cancellation of sale deed nos. 11998, 4295, 3210 executed on different dates. 2. It is the case of the appellants-plaintiffs that father of the plaintiffs had purchased the suit land in the year 1949. Thereafter through partition in the year 1975, five and one by three decimals of land has been allotted to the appellants. He subsequently sold the said piece of land on 09.06.1975 to Jaibun Nisha. It the case of the appellants that the said sale deed has been cancelled by another deed dated 16.06.1975. In spite of cancellation of the deed, Jaibun Nisha sold the said piece of land by sale deed nos. 11998, 4295 & 3210 to different persons and for cancellation of those sale deeds, Title Suit No. 17 of 2005 has been filed. 3. Learned Trial Court has framed various issues, but the main point involved in the present suit is that whether Jaibun Nisha has got vendible right through sale deed dated 09.06.1975 or not. 4. On this issue, learned Trial Court has given its finding that the plaintiff''s father Kadir Ali had no intention to deliver right, title and possession over the suit land unless consideration money paid to him. He did not give registration slip to the vendee Jaibun Nisha and further retained so called sale deed with him and as such, no title passed to Jaibun Nisha through sale deed no. 11998 dated 09.06.1975. 5. Accordingly, subsequent sale deed made by Jaibun Nisha is nullity and suit has been decided in favour of the plaintiff. 6. Defendants, being aggrieved, filed Title Appeal No. 09 of 2012 before the Appellate Court. The Appellate Court has understood it in right perspective and framed various issues in which the issue no. 7 is quoted hereinunder:- (E) Whether any title passed through sale-deed no. 11998 dt. 9.6.75 to vendee Bibi Zaibun Nisha ? 7. The Appellate Court, after considering the entire evidence and legal position, has rightly held that once registered sale deed has been made, title stands transferred to the vendee.
7 is quoted hereinunder:- (E) Whether any title passed through sale-deed no. 11998 dt. 9.6.75 to vendee Bibi Zaibun Nisha ? 7. The Appellate Court, after considering the entire evidence and legal position, has rightly held that once registered sale deed has been made, title stands transferred to the vendee. He also held that once such transfer takes place, the only remedy available is to approach the Civil Court for cancellation of the sale deed. 8. Since in the present case, sale deed no. 11998 dated 09.06.1975 made in favour of Bibi Zaibun Nisha has not been cancelled by any competent Court, the same is upheld and title stands transferred to the Bibi Zaibun Nisha. Accordingly, sale deed nos. 3210 and 4295 made thereafter are valid. Accordingly, issue no. 7 has been decided against the plaintiff''s/respondents in the appeal and relief has been granted to the defendants/appellants in the appeal. 9. I have heard counsel in detail, but he could not point any infirmity in the order of the Appellate Court. Since, no substantial question of law has been brought to my notice for interference, the instant Second Appeal is dismissed. I. A. No. 1408 of 2018 stands disposed of.