Back
RAKESH MOHAN PANDEY
Satya Power And Ispat Limited – Appellant
Versus
Nidhi Singh Kshatri, W/o Manindra Singh – Respondent
Certainly! Please provide the legal document content you'd like me to analyze, and I will generate the key points with references formatted as specified.
ORDER :
1) The applicant has challenged the order passed by the learned Third Civil Judge Class-I, Bilaspur, District Bilaspur (C.G.) in Civil Suit No. 336-A/2023 dated 15.02.2024 whereby an application moved under Order 7 Rule 11(a)(c)(d) of the CPC was rejected.
2) The facts of the present case are that the plaintiff/non-applicant No.1 filed a Civil Suit for declaration to the effect that the sale deed executed by her on 12.07.2023 in favour of the applicant/defendant No.1 in respect of the land bearing Survey Nos. 423/2 and 423/3 situated at Village-Gatuari, Patwari Circle No. 21, Tehsil and District-Bilaspur (C.G.) is null and void as the consideration was not paid. It is further stated that defendant No.1 agreed to purchase the land belonging to the plaintiff and at the time of registration of the sale deed, a cheque bearing No. 304548 payable at the State Bank of India dated 12.07.2023 was handed over. After registration of the sale deed, the cheque was presented before the Bank of Baroda, Branch Bilaspur (C.G.) and the same was dishonoured as confirmation from the client could not be received by the concerned branch of the Bank. The plaintiff served a legal notice upon defenda
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.
A defendant's fraudulent inducement on a contractual obligation supports a plaintiff's claim for cancellation of a sale deed and necessitates a full trial.
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 part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
The dishonor of a cheque linked to a sale deed renders the deed ineffective due to non-fulfillment of contractual conditions, thus affirming the owner’s continued possession and right to a prohibitor....
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 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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
