Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882 :ss.54 and 55(4)(b) - Sale - Intention of the parties Determination of - Registration of deed - Effect of - Held: Though registration is prima facie proof of an intention to transfer the property, it is not proof of operative transfer if payment of consideration (price) is condition precedent for passing of the property - On facts, the parties intended that ownership of property would be transferred to appellant only after receipt of entire consideration by respondent-vendors, as condition precedent - The title was intended to pass only on payment of balance consideration of Rs. 40, 0001- in presence of Sub-Registrar - However, no amount was tendered or paid by appellant to respondents in presence of Sub Registrar Therefore, the title in fact did not pass either on execution or registration of sale deed - The title was intended to pass only after payment of full price, which is further confirmed from the fact that though the sale deed recited that the purchaser was entitled to hold, possess and enjoy the scheduled properties from date of sale, neither possession of the properties nor title deeds were delivered to appellant either on date of sale or thereafter - Evidence Act, 1872 - s.92. Appellant filed suit contending that he acquired title to the suit properties when the sale deed entered between him and the respondents-vendor was duly registered and sought entitlement to declaration of his title as well as possession of the suit properties. The respondents contended that as the appellant had not paid the balance consideration of Rs.40,000/- as mentioned in the sale deed, the title never passed to the appellant and therefore, the suit for declaration of title to the suit properties and possession thereof was not maintainable. The trial court decreed the suit. The first appellate court also held that title of the appellant to the suit properties was established in view of the execution of sale deed and its registration, but held that the appellant was entitled to possession only on deposit of Rs.40,000/-. Respondents filed second appeal. The High Court set aside the decree passed in favour of the appellant and dismissed the suit filed by him. In appeal to this Court, the question which arose for consideration was whether title to the disputed properties passed on to the appellant when the sale deed was registered. |
Judge | Hon'ble Mr. Justice J.M. Panchal |
Neutral Citation | 2009 INSC 228 |
Petitioner | Kaliaperumal |
Respondent | Rajagopal & Anr. |
SCR | [2009] 2 S.C.R. 814 |
Judgement Date | 2009-02-20 |
Case Number | 5800 |
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