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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
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.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
The intention of the parties in a sale deed, as evidenced by the recitals, is crucial in determining the passing of title and the validity of the sale. The power of the registering authority to cance....
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.
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