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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J.THAKER
Harish Purshottam Chandwani – Appellant
Versus
Janak Chandiram Sukhwani – Respondent
| Table of Content |
|---|
| 1. second appeal challenges previous judgments. (Para 1 , 2 , 3) |
| 2. plaintiff claims breach of sale agreement. (Para 4 , 5 , 6 , 8) |
| 3. defendants denied claims of fraud. (Para 7 , 9) |
| 4. arguments regarding non-payment of consideration. (Para 11 , 12 , 13 , 14 , 15) |
| 5. arguments regarding the validity of the sale deed. (Para 17 , 18) |
| 6. citing laws and cases related to sale agreements. (Para 19 , 20 , 21) |
| 7. court's final observations on concurrent findings. (Para 22 , 23 , 24 , 39) |
| 8. court rationale regarding the sale deed's validity despite non-payment. (Para 30) |
| 9. legal principles established regarding sale and ownership. (Para 32 , 34) |
ORAL ORDER
1. The present second appeal has been preferred challenging judgement and decree passed in Regular Civil Appeal no.144 of 2022 and Special Civil Suit no.76 of 2017 whereby the Principal District Judge, Bhuj at Kutchh dismissed the appeal on 23.08.2024 upholding the order of the Trial Court which dismissed the Special Civil Suit no.76 of 2017.
2. For the brevity and convenience, the parties are referred to as plaintiff and defendant.
3. The brief facts arising in the present Second Appeal are that the plaintiff filed the said Suit
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
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.
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.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
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....
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