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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Satyanand Mohan Raju – Appellant
Versus
Shivjee Sharma S/o Late Jagannath Sharma – Respondent
| Table of Content |
|---|
| 1. filing of suit and nature of dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. issues framed by the learned trial court (Para 8 , 9 , 10) |
| 3. judgment of the trial court (Para 11 , 12 , 13 , 14) |
| 4. case of the plaintiffs and the defendant (Para 20 , 21 , 22 , 23) |
| 5. witness testimonies and evidence (Para 24 , 25 , 26 , 27) |
| 6. nature of sale deeds and claims of consideration (Para 28 , 29 , 30 , 31) |
| 7. arguments regarding payment of consideration (Para 32 , 33 , 34 , 35) |
| 8. legal implications of consideration in sale deeds (Para 36 , 37 , 38 , 39) |
| 9. court's observations on the case (Para 40 , 41 , 42 , 43) |
| 10. court's decision on sale deed validity (Para 44 , 45 , 46 , 47) |
| 11. final determination and implications (Para 48 , 49 , 50 , 51) |
| 12. conclusion and order on sale deeds (Para 52 , 53 , 54) |
| 13. court's directives (Para 55 , 56 , 57 , 58) |
| 14. finalization of decree (Para 59 , 60 , 61) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This first appeal has been filed against the judgment dated 31.05.2023 (decree signed on 09.06.2023) passed by the learned Civil Judge (Sr. Division) III, Jamshedpur in Original Suit No. 212 of 2016, whereby the learned court has dismissed the suit filed by the
A sale deed is void if the stated consideration has not been paid, rendering it a nullity, regardless of recitals in the deed; no rights transfer without valid consideration.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
The main legal point established in the judgment is that a sale deed without payment of price is void and of no legal effect under Section 54 of the Transfer of Property Act.
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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