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DELHI HIGH COURT
AMIT BANSAL
Rajiv Sareen – Appellant
Versus
Divyanshu Enterprises – Respondent
| Table of Content |
|---|
| 1. details of the plaintiff's agreements with the defendants. (Para 3) |
| 2. defendants' arguments regarding the inapplicability of the plaintiff's claims. (Para 4 , 5) |
| 3. plaintiff's reliance on case law to support their argument. (Para 6) |
| 4. scope of order vii rule 11 of cpc in relation to plaint's assertions. (Para 7) |
| 5. legal validity of the sale deed despite non-payment of entire consideration. (Para 12 , 14) |
| 6. mou's inability to contradict terms of the registered sale deed. (Para 18) |
| 7. need for specific details to support allegations of fraud. (Para 19) |
| 8. conclusion on the rejection of the plaint. (Para 21 , 22 , 23) |
JUDGMENT
Amit Bansal, J. (Oral)
[VIA VIDEO CONFERENCING]
I.A.14422/2021 (of the defendant No. 3 u/O-VII R-11 of the CPC)
1. This application has been filed on behalf of the applicant/defendant No. 3 Punjab National Bank (hereinafter referred to as the `defendant No. 3 Bank') under Order VII Rule 11 of the CIVIL PROCEDURE CODE , 1908 (CPC) seeking rejection of the plaint.
2. Notice in this application was issued on 9th November, 2021 and a reply has been filed on behalf of the non-applicant/plaintiff (hereinafter referred to as the `plaintiff').
3. I
The validity of a Sale Deed is not affected by non-receipt of the entire sale consideration, and the plaintiff's claim of fraud and coercion in obtaining the Sale Deed required specific details and p....
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.
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 remains valid despite non-payment of the entire sale consideration if the intention to transfer ownership is evident.
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....
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
A sale deed executed under coercion, influenced by government circulars limiting sales, is void, affirming the right to property under Article 300A.
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