Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882 : Sections 8 and 54 Evidence Act Transfer of Property Act 1972: S. 92 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Transfer of Property Act, 1882 (4 of 1882) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882 : Sections 8 and 54.Immovable property-Sale of-Sale deed-Construction of-Execution and Registration-Ownership and interest-Title to purchasers-Passing of-Held, on execution and registration of sale deed of immovable property of Rs. 100 and mere ownership, all interest and title in the property passes to the purchaser unless contrary intention is expressed in the sale deed-Recitals in the sale deed do not show any reservation regarding passing of title to the purchaser-Default and delay in payment of mortgage money cannot be construed as non-payment of sale consideration-Non-delivery of registration receipt by vendor to purchaser does not indicate an intention to interdict passing of title to the purchaser-Evidence Act, 1872, S.92.The appellants-plaintiffs, the first purchaser purchased a piece of land from the Vendors, respondents-defendants under a registered· sale deed. The sale deed stipulated that the respondents sold the property for a sale consideration of Rs. 15,000 out of which a sum of Rs. 6,249 was kept in deposit with the appellants as being payable to the mortgagees, a sum of Rs. 516 which was due by the respondents to the appellants to be adjusted against the sale consideration and a sum of Rs. 8,235 was to be paid in cash to the respondents; that the appellants were to keep the documents clearing the debt with themselves along with the' sale deed and that the respondents had put the appellants in possession and occupation of the property. The vendors respondents cancelled the said sale deed and executed a second sale deed in favour of subsequent purchasers on the grounds that out of the sale consideration a sum of Rs. 3,235 remained unpaid; that the mortgage was not redeemed and. that the registration receipt was retained by the respondents and so it was manifest that the intention of the parties was that the title would not pass to the purchaser on execution and registration of the sale deed. Being aggrieved the appellants filed the suit against the vendors respondents praying for a declaration that the deed cancelling his sale deed and the subsequent sale deed are illegal and void and for a decree against the vendor to deliver to him the original sale deed executed in his favour. The trial court found that a sum of Rs. 3,235 remained unpaid and permitted the appellants to redeem the mortgage and decree the suit. The appellants had deposited the mortgage amount and redeemed the mortgage. In appeal, the High Court found that only a sum of Rs. 235 remained unpaid which was also deposited in court and thus the entire sale consideration was paid by the appellants. However, the High Court held that the title in the property sold did not pass to the appellants as the registration receipt was kept with the vendors-respondents and set aside the judgment of the trial Court. Hence this appeal. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 1998 INSC 317 |
Petitioner | Bishundeo Narain Rai (dead) By Lrs. |
Respondent | Anmol Devi And Ors. |
SCR | [1998] Supp. (1) S.C.R. 66 |
Judgement Date | 1998-02-20 |
Case Number | 1786 |
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