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GOUTAM BHADURI, RAJANI DUBEY
M. D. Ashif Memon S/o Late M. D. Akbar – Appellant
Versus
Noor Begam D/o Mohammad Yakub – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Challenge in this appeal is to the judgment and decree dated 20-12-2023 passed by the 7th Additional District Judge, Raipur, in civil suit No.20-A/2021.
2. The facts of the case, in brief, are that the suit was filed by Noor Begam (plaintiff/respondent No.1) against M.D. Ashif Memon (defendant No.1/appellant), pleading, inter alia, that the plaintiff is the owner and in possession of land bearing khasra No.808/1 rakba 0.704 hectares. The said land was sold to the defendant by sale deed dated 23-6-2018, which was registered on 26-6-2018. The sale consideration was Rs. 3,09,76,000/- and in lieu of payment seven cheques of different denomination were given and it was assured that on presentation of said cheques the same will be honoured. The plaintiff and the defendant since were known to each other as such believing on the statement of the purchaser the sale deed was executed by the plaintiff in his favour. The said cheques when were deposited for clearance the same were dishonoured with an endorsement that “insufficient funds in account”. Though intimation was sent to the purchaser that the cheques have been dishonoured, but despite that the amount was
The intention of the parties and the recitals in the sale deed are crucial in determining the transfer of ownership, and non-payment of the entire sale consideration does not necessarily invalidate t....
Non-payment of sale consideration could not be a ground for cancellation of the sale deed, and the agreement purporting cancellation due to non-payment could not override the registered sale deed.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
Agreement to sell – Normally, on execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is no....
A sale deed executed without full payment of consideration cannot be declared null and void; ownership transfers upon execution, and plaintiffs have other remedies for recovery.
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
The validity of a registered sale deed is presumed and the burden of proving its invalidity due to fraud lies on the challengers.
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