Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR KUMAR YADAV
Vinod Kumar Jalaun – Appellant
Versus
Kailash Jaiswal – Respondent
| Table of Content |
|---|
| 1. issues regarding the effectiveness of the sale deed based on payment. (Para 2) |
| 2. sale deed challenged due to dishonor of cheque. (Para 6 , 7 , 8 , 9 , 10) |
| 3. trial court's findings on possession and sale deed invalidation. (Para 12 , 13 , 14) |
| 4. arguments for and against the validity of the sale deed. (Para 16 , 19 , 20) |
| 5. contractual terms must be enforced as defined. (Para 22 , 23 , 24 , 25 , 26) |
| 6. conditional sales and transfer of title depend on payment. (Para 28 , 29 , 30) |
| 7. ratio regarding conditional sales and ownership transfer. (Para 34) |
| 8. intent of parties and fulfilment of payment terms are crucial. (Para 36 , 37 , 38) |
| 9. foundational principles of contract invalidate transaction. (Para 54 , 55) |
JUDGMENT :
Shekhar Kumar Yadav, J.
1. Heard Sri Anil Tiwari, learned Senior Counsel for the defendant/Appellant, and Mr. Manish Goyal, learned Senior Counsel assisted by Mr. Nipun Singh, learned counsel for the plaintiff/Respondent at great at length.
2. This First Appeal under Section 96 of the Code of Civil Procedure has been filed by the appellant, Vinod Kumar Jalan (hereinafter “the defendant”), challenging the judgment and decree dated 07.03.2006 passed by the
The dishonor of a cheque linked to a sale deed renders the deed ineffective due to non-fulfillment of contractual conditions, thus affirming the owner’s continued possession and right to a prohibitor....
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
A sale deed executed without full payment of consideration cannot be declared null and void; ownership transfers upon execution, and plaintiffs have other remedies for recovery.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
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 sale consideration could not be a ground for cancellation of the sale deed, and the agreement purporting cancellation due to non-payment could not override the registered sale deed.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
