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RAKESH MOHAN PANDEY
Laxmi Devi W/o Shri Girdhari Lal Sharma – Appellant
Versus
Purshottam Chandrakar S/o Shri Ramlal Chandrakar – Respondent
JUDGMENT :
(1) Defendants No. 4 and 5 have assailed the judgment and decree passed by the Additional District Judge (Fast Track Court), Dhamtari in Civil Suit No. 24-A/07 dated 08.04.2010 whereby the civil suit filed by the plaintiff was decreed and sale-deeds executed by the plaintiff in favor of defendant No. 1 and subsequent sale-deeds executed by defendant No. 1 in favor of defendants No. 4 & 5 were canceled.
(2) Facts of the present case are that the plaintiff was the owner of suit properties bearing S. No. 127/2 ad-measuring 0.87 acre and 127/3 ad-measuring 1 acre situated at Village Kurud, Tehsil-Kurud, District-Dhamtari. He executed registered sale deeds of both plots in favour of defendant No. 1 on 19.04.1996 and 02.08.1996 in consideration of Rs. 46,000/- and Rs. 50,000/-, respectively. The sale deeds are exhibits P/1 and P/2. The plaintiff filed a civil suit claiming therein relief of cancellation of sale-deeds dated 19.04.1996 and 02.08.1996 executed in favor of defendant No. 1 and in the alternative, refund of Rs. 96,000/-with interest and till the same is handed over, compensation of Rs. 500/- per day. He also sought relief of permanent injunction restraining defendant
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.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
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.
A plaintiff can seek cancellation of a deed affecting their property rights even if not a party to the deed, provided they demonstrate a valid cause of action.
(1) Notice of earlier contract is sine qua non for applicability of provision of Section 91 of Indian Trusts Act, 1882.(2) Agreement to sell—Enforceability of an agreement to sell is always depending....
Sale deeds executed against injunction orders lack legal sanctity; thus, the cancellation of such deeds is upheld based on prior court judgments.
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