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2011 Supreme(P&H) 302

K.KANNAN
J. S. Choudhary proprietor of Ambala Finlease Crops 90/Amba Market, Ambala – Appellant
Versus
Ritu Devi widow of Sunil Kumar – Respondent


Advocates appeared:
Mr. Mahavir Sandhu, Advocate for the appellant.
Mr. Lalit K. Gupta, Advocate for respondent Nos.1 to 4.

JUDGMENT

K. KANNAN J. (ORAL) - 1. The appeal is filed by a registered owner of the vehicle, who during the trial contended that the vehicle had been transferred to the respondent. The 6th respondent-Sumer Chand, who was the purchaser, was the 2nd respondent before the Tribunal and he had been represented through counsel Sh. O.K. Thakur. The fact of transfer of the vehicle was sought to be established through evidence by the registered owner. The fact of transfer in favour of the 2nd respondent was itself not denied by the purchaser. On the other hand, the statement of Sumer Chand before the Police in the FIR No.161 dated 2.8.2008 was that he had purchased the vehicle and the accident had taken place when his driver was driving the vehicle.

2. The procedure set out under Section 50 of the Motor Vehicles Act for transfer of ownership is only an evidence of ownership and not at all times conclusive. The transfer of title in a motor vehicle takes place by delivery and by passing of consideration for sale. The ownership in goods is transferred under Section 19 of the Sale of Goods Act and the distinction between the sale of goods and a transfer of ownership by registration under Section










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