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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
AFR Snehalata Sahu – Appellant
Versus
Kokila Sahu – Respondent
| Table of Content |
|---|
| 1. factual background of land purchase and dispute (Para 1 , 3) |
| 2. trial court's findings on title and cancellation validity (Para 4 , 6) |
| 3. first appellate court's arguments on consideration and title (Para 7 , 10) |
| 4. court's reasoning on proof of consideration and identification of property (Para 12 , 14 , 15) |
| 5. final judgement and confirmation of trial court's ruling (Para 16 , 18) |
JUDGMENT :
1. The plaintiff is the appellant against a reversing judgment. The suit, C.S. No.5 of 2012 filed by the plaintiff was decreed by judgment dated 28.09.2013 followed by decree passed by the learned Addl. Civil Judge (Sr. Division), Dhenkanal. Said judgment and decree was reversed and set aside in appeal in RFA No.89 of 2013 vide judgment dated 20.07.2015 followed by decree passed by learned Addl. District Judge, Dhenkanal, which is impugned herein.
3. The plaintiff‟s case, briefly stated, is that she had purchased Ac.0.100 dec. of land appertaining to Sabik Khata No. 2593 and Sabik Plot No. 5645 corresponding to Hal Khata No. 2920 and Hal Plot No. 5645/9250 from one Sanatan Sahoo vide RSD No. 1059/84 and was in possession thereof. Her purchased land was in between the plot of the M
The court reaffirmed that clear recitals in a sale deed demonstrating vendor's receipt of consideration validate title transfer, regardless of the absence of endorsement by the registering authority.
A sale deed executed with all essential requisites confers valid title, while unilateral cancellation without proving payment of consideration is invalid.
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.
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
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 registered cancellation deed of a Will, unchallenged, holds precedence in ownership claims, and a prima facie case is essential for injunctions under Order 39.
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