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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
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 plaintiffs.
2. The suit was filed for the following reliefs:-
(a) For passing appropriate order directing the defendant to return original copy of registered Sale deeds as mentioned above to the Plaintiff as because the aforementioned two sale deeds no. 705/508 dated 07.02.2014 and no. 2736/2125 dated 17.05.2014 are itself null and void.
(b) For cost.
(c) Your any other relief or reliefs to which the plaintiffs are found entitled thereto according to law and equity.
3. The details of the properties have been mentioned in four schedules and the disputed property is relatable to Schedule-II and III of the plaint and both are admittedly part of Schedule-I property. Schedule II relates to sale deed no. 705/508 dated 07.02.2014 and Schedule III relates to sale deed no. 2736/2125 dated 17.05.2014. Schedule IV is part of schedule II and III.
4. It is not in dispute that the plaintiffs were the owner
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.
A sale deed executed without consideration or under coercion is void under the Transfer of Property Act, 1882 and the Indian Contract Act, 1872.
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