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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Cuddalore Power Company Limited, Now Cuddalore Power Gen. Corporation – Appellant
Versus
G.Pushpagandhi – Respondent
| Table of Content |
|---|
| 1. discussion on land acquisition and legality of the sale deed under coercion. (Para 3 , 4 , 5 , 6) |
| 2. observation of the trial and appellate court on coercion related to the sale deed. (Para 26 , 27 , 28) |
| 3. conclusion on the validity of sale deed and necessity of its cancellation for title assertion. (Para 54 , 56) |
JUDGMENT :
N.SENTHILKUMAR, J.
The appellant is the defendant in the suit who had last before the Trial Court and the First Appellate Court. For the sake of convenience, the parties are referred as plaintiffs and defendant as mentioned in the suit.
2. The plaintiffs had filed a suit against the defendant who is Cuddalore Power Company Limited represented by its Manager/Authorized Signatory.
3. The brief facts of the case are as follows:
(i) The suit property is situated in new S.No.196/1 measuring an extent of2.27.0 hectares out of 6.06.0 hectares and patta No.747 related to old S.Nos.394 and 395/2 in Kudikkadu village in Cuddalore District. The plaintiffs had filed the suit for declaration of their right and title over the suit property and for permanent injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the s
A sale deed executed under coercion, influenced by government circulars limiting sales, is void, affirming the right to property under Article 300A.
The court upheld that a mere sale agreement without a registered deed does not confer title, and continuous possession under such agreement is considered permissive, not adverse.
The court held that a sale deed remains valid despite non-payment of consideration, affirming ownership rests with the purchaser as per registered transaction under the Transfer of Property Act.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
Valid sale deeds can only be challenged through competent court orders; transactions executed in violation of interim injunctions are treated as void.
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