A sale deed executed with all essential requisites confers valid title, while unilateral cancellation without proving payment of consideration is invalid.

JUDGMENT :

SASHIKANTA MISHRA, J.

This is a plaintiff’s appeal against a confirming judgement. The suit filed by the plaintiff for declaration of the sale deed No.1856 dated 18.12.2000 as void along with incidental relief was dismissed by the trial court and confirmed by the 1st Appellate Court.

2. For convenience, the parties are described as per their respective status before the trial Court.

3. The plaintiff’s case, briefly stated is that in December, 2000, the defendant No.2 agreed to purchase the suit land from the plaintiff. Consideration was fixed at Rs.30,000/-. On 18.12.2000, the plaintiff executed a sale deed in the name of the defendant No.1 (wife of defendant No.2) at the instance and as proposed by defendant No.2. The deed was executed and endorsement-ticket was handed over to defendant No.2, who thereafter brought the original sale deed from the office of the Sub-Registrar through defendantNo.1 and retained it. It was stipulated in the deed that the amount of consideration was to be paid in the residence of defendants and passing of title as well as delivery of possession was made subject to payment of the consideration money. He further claims that the plaintiff requested the defendants to pay the consideration amount or to execute deed of cancellation to invalidate the sale deed but the defendants did not pay the amount for as long as seven years.. As such, the plaintiff cancelled the sale deed by executing a registered cancellation deed on 27.01.2007 under intimation to the defendants. The defendants however attempted to mutate the sale deed by filing mutation case before the Tahasildar. The defendants also forcibly attempted to possess the suit land and proceeded under the OLR act. On 11.02.2014, defendant No.2 ascertained that the entire consideration amount had been paid and also claimed title and possession. When the defendants attempted to disturb the possession of the plaintiff over the suit land, the suit was filed.

4. Pursuant to notice,the defendants appeared, filed a common written statement and asserted therein that the plaintiff had delivered possession of the suit land after execution of the sale deed on 18.12.2000. The allegation that consideration of Rs.30,000/-was not paid, was denied by stating that the same was paid on the day following the date of registration of the sale deed in the house of defendant No.2 at Khaparakhai. It is only after receiving consideration amount that the plaintiff handed over the ticket to the defendants along with mutation ROR, on the basis of which defendant No.1 got the original sale deed from the office of the Sub-Registrar. The defendant No.1 also paid the deficit stamp and registration fee as the plaintiff refused to pay the same on the ground that he had transferred the suit land. Further they filed a conversion case vide OLR Case No.107 of 2005-06 and paid the conversion dues but the plaintiff filed objection. The plaintiff filed objection in all revenue proceeding to prevent defendant No.1 from mutating the suit land in her favour. The cancellation deed executed by the plaintiff is void. Further, the suit was filed after a lapse of fourteen years only because the land has become more valuable on account of passing of the National Highway.

5. Basing on the rival pleadings, the court below framed the following issues for determination:-

“i. Whether the suit is maintainable in the eye of law?

ii. Whether there is any cause of action to file this suit?

iii. Whether the plaintiff received the consideration amount of Rs.30,000 from the defendant No.1?

iv. Whether the sale executed between the plaintiff and defendants on 18.12.