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1989 Supreme(Kar) 134

S.MURLIDHER RAO
G. HAMPAMMA – Appellant
Versus
K. S. KALINGAPPA – Respondent


Advocates:
D.L.N.RAO, JAYAVITTAL KOLAR

MURLIDHER RAO, J.

( 1 ) UNSUCCESSFUL plaintiff in the Courts below is the appellant. Her suit for declaration of title, recovery of possession and ascertainment of mesne profits has been dismissed by both the Courts. The question of law that arises for determination is, when does the title in the immovable properly pass to the purchaser; does it pass on the registration of sate deed or on the payment of consideration, if it had remained unpaid.

( 2 ) THE facts leading to this appeal are as follows: house bearing door No. 47 is Ward No. 5 in Town Panchayat, Kampli belonged to defendants. By sale deed executed on 26-6-1972, and registered on 24-8-1972, the house was sold to plaintiff for Rs. 5,000/ -. Though the deed recited that possession was delivered, it was indeed not. Hence this suit. The defendants admitted that they had agreed to sell the house; their main defence was that sale consideration was agreed at rs. 9,000/-; out of which Rs. 5,000/- was to be mentioned in the sale deed to be paid before the Sub-Registrar and the remaining rs. 4,000/- was to be paid unaccounted; in common parlance it is "black money". Though they executed the sale deed they did not appear before the

























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