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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR KUMAR YADAV
Vinod Kumar Jalaun – Appellant
Versus
Kailash Jaiswal – Respondent
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 learned Civil Judge (Senior Division), Gorakhpur, in Original Suit No. 570 of 2004. By the impugned judgment, the trial court declared the sale deed dated 16.06.2003 to be ineffective and granted a permanent prohibitory injunction restraining the defendant from interfering with the plaintiff’s possession over the disputed property.
3. During the course of final hearing of the present appeal, learned counsel for the defendant/appellant has filed one application under Order 41 Rule 27 of CPC seeking some additional documents to be brought on record, which according to the appellant were necessary for the adjudication of the present controversy, upon which the matter was adjourned by giving opportunity to plaintiff/respondent
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.
A defendant's fraudulent inducement on a contractual obligation supports a plaintiff's claim for cancellation of a sale deed and necessitates a full trial.
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.
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