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SACHIN DATTA
Neelam Jain – Appellant
Versus
Madhu Kapoor – Respondent
JUDGMENT
IA 1789/2022 (under Order XII Rule 6 of CPC)
1. The present suit seeks the following reliefs: -
'(a) pass a decree in favour of the plaintiffs and against the defendants no. 1&2, for providing symbolic possession of half basement and the entire ground floor (in which Defendant No.3 is a tenant) and the physical and vacant possession of the remaining half of the basement and the entire first floor of the suit property in terms of sale deed dated 30.08.2017.
(b) Pass a decree in favour of the plaintiffs and against the defendant no. 1 to 3 directing them to pay to the plaintiffs the arrears of rents effective from 01.09.2017 (subsequent to the execution of sale deed dated 30.08.2017) to the present date of filing of suit along with 18% interest and such future rent.
(c) Pass a decree in favour of the plaintiffs and against the defendant no. 1 and 2 directing them to pay a sum of Rs. 12,55,740/- to the plaintiffs, being the security deposit collected by the defendants no. 1and 2 from defendant no.3 in terms of lease deed and which remain payable to defendant no.3 by the plaintiffs in the event of termination of lease deed.
(d) Pass a decree in favour of the plaintiffs and against t
A registered Sale Deed is conclusive and supersedes prior agreements unless fraud is specifically pleaded with particulars; allegations without detail are inadequate to support a claim.
Defendant's plea barred under Sections 91 and 92 of the Indian Evidence Act, 1872. Sale consideration passed to Defendant.
A sale deed executed without consideration or under coercion is void under the Transfer of Property Act, 1882 and the Indian Contract Act, 1872.
The court affirmed that a sale deed executed with authority is valid unless fraud or coercion is proven, and claims must be filed within a statute of limitations.
A mere declaration that a sale deed is null and void is ineffectual; a plaintiff must seek to set aside the deed, which must be substantiated by evidence to oppose its presumptive validity.
The validity of a registered sale deed is presumed and the burden of proving its invalidity due to fraud lies on the challengers.
Specific Relief Act, 1963 – Section 20 – Indian Evidence Act, 1872 – Sections 91 and 92 – Agreement to sell – Decree for specific performance of contract – Agreement does not require to be signed nec....
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