Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882- s. 54 - Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882- s. 54 - Sale by registered deed of sale in favour of plaintiff by defendants - Stipulation in the deed that if plaintiff dispossessed, defendant was to pay compensation - Defendant continuing in possession of the property as a licencee - On failure to pay licence fee, suit for recove1y of possession - At trial stage defendant proving his possession - Suit dismissed - At appellate stage defendant disputing the sale deed stating that it was executed only as security for a money-lending transaction between the parties - Appellate Court a/so dismissing the suit - On appeal, held : The suit was liable to be decreed - The Sale deed being a registered document carries presumption as regards genuiness of the transaction - The onus to prove that the sale E deed was a sham, was on the defendant, and he failed to discharge the burden - The deed of sale was required to be considered in its proper perspective - On facts, legal fiction is created in terms whereof owner becomes dispossessed and regains possession in different capacity- Stipulation regarding compensation not material as it did not affect real nature of transaction - The question regarding compensation not entertainable since raised before this court for the first time - Defendant also not entitled to equitable relief as he did not approach the court with clean hands - Legal Fiction - Deeds and Documents - Practice and Procedure - Equity. Plea:Alternative or inconsistent pleas can be raised but notmutually destructive pleas. New Plea - Raising of, for the first time before Supreme Court - Held : Not permissible. Practice and Procedures - Raising of new plea - Before Supreme Court - Held : Not permissible.Deeds and Documents : Interpretation of document - Held: A document must be construed in its entirety A deed of sale was executed by father of respondent in favour of a partnership firm. The deed was registered. Respondent himself was a witness to the deed. Thereafter the father of respondent was put in possession of the property as a licencee at an agreed licence fee. After dissolution of the firm, appellant became the owner of the property. Appellant filed a suit for recovery of possession as the cheque issued by the respondent towards licence fee was dishonored. Respondent disputed the transaction and examined three witnesses to prove his possession. Trial court dismissed the suit holding that the appellant plaintiff failed to prove that the suit property was purchased by the sale deed; and that the circumstantial E evidence shows that the deed was executed only as a security for a money-lending transaction between the parties. Appellants preferred appeal. During pendency thereof, respondent amended the Written Statement, stating that the sale deed was executed as a security for the loan amount taken from the partnership firm having money-lending business. Respondent also examined himself as a witness. It. was also stated that loan amount has been repaid. First appellate court framed an additional issue whether the sale deed was executed as a security for the money lent. Appellate court dismissed the suit. However, disbelieving the case that loan has been repaid, held that the appellant-plaintiff was entitled to loan amount |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 387 |
Petitioner | Vimal Chand Ghevarchand Jain & Ors. |
Respondent | Ramakant Eknath Jajoo |
SCR | [2009] 4 S.C.R. 794 |
Judgement Date | 2009-03-23 |
Case Number | 1784 |
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