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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANJEEV J.THAKER
Harish Purshottam Chandwani – Appellant
Versus
Janak Chandiram Sukhwani – Respondent
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 praying for cancellation of the saledeed, declaration and permanent injunction.
4. It was the case of the plaintiff in the Suit, that in 2019 the plaintiff purchased 51 plots located at Maduli Park vide registered saledeed and the plaintiff informed his friend about his intention for sale of the said 51 plots thereafter, the defendant no.1 expressed his interest for purchase of the said 51 plots from the plaintiff.
5. It is the case of the plaintiff that on 12.12.2012, defendant no.1 executed an agreement to sale for purchase of the said 51 plots at the rate of Rs.2,151 per square yard total admeasuring 9947.87 square yards and the total sale conside
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....
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.
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