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1977 Supreme(MP) 1019

IN THE HIGH COURT OF MADHYA PRADESH
M.L. MALIK, J.
Koushalbai - Applicant
Vs.
Nathulal - Respondent
C. Revn. No. 502 of 1977 (J)
Decided On : 16-11-1977

Advocates Appeared:
For the Applicant : S. Awasthi.
For the Non-applicant : S.N. Shukla.

Headnote:Practice (Civil)-recital in sale-deed--indicated that full consideration was paid to the seller and possession was handed over to the purchaser--sale-deed should be accepted ex-facie correct and honest in its recitals unless fraud established.

Short Note :

1. The plaintiff's suit was for declaration and injunction. Suit land was purchased for a consideration of Rs. 6,000 from the defendant. The defendant contended that he received only Rs. 3,000 towards the consideration. Rs. 3,000 were retained by the plaintiff's husband for discharging the Taccavi and bank loan due against the defendant. It was agreed that so long the plaintiff's husband did not discharge that liability, possession over the land would continue with the defendant. The trial Court prima facie accepted the plaintiff's story that she was put in possession of the disputed land and that she was in cultivating possession of the same till the institution of the suit. The trial Court granted ad-imerim injunction in favour of the plaintiff which was vacated by the Additional District Judge.

2. Held : The recitals in the sale-deed show that the vendor had received full consideration of Rs. 6,000 (Rs. 2,700 before the Sub-Registrar and Rs. 3,300 earlier). The purchaser had not taken upon herself the liability to pay off the Taccavi and Bank loan due against the defendant. The recitals further show that possession was delivered to the purchaser. Unless the defendant established fraud, the sale-deed should have been accepted ex-facie correct and honest in its recitals. The title over disputed land did pass to the purchaser even assuming for the sake of argument that only half of the consideration was paid and half remained with the purchaser who had undertaken to discharge some of the liabilities of the vendor. The vendor at best could sue the purchaser for the unpaid price. So long the plaintiff's sale is not set aside, she has a right to be in possession of the property sold. Balance of convenience lies in the favour of the plaintiff who has prima facie a good title. As the document of the title indicates, she was also placed in possession of the land. The learned Additional District Judge should not have interfered with the discretionary relief granted by the trial Court if that Court had acted on sound principle of prima facie case and balance of convenience. The order of the Additional District Judge is set aside and that of the trial Court maintained. Revision allowed.


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