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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Mohd. Zahoor – Appellant
Versus
Ram Sajeevan – Respondent
| Table of Content |
|---|
| 1. substantial questions of law admitted for appeal. (Para 1) |
| 2. background facts of the claim over property. (Para 2 , 3 , 4 , 5 , 6) |
| 3. arguments regarding the void nature of the sale deed. (Para 7 , 8 , 9 , 10 , 11) |
| 4. counterarguments from the respondent regarding sale deed validity. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. analysis of relevant facts related to the sale deed. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. examination of related judgments and their applicability. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 7. condition for the validity of sale deeds under law. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 8. conclusion on the void nature of the sale deed and the limitation period. (Para 36 , 37 , 38) |
| 9. final judgment and orders regarding property title and possession. (Para 39 , 40) |
JUDGMENT :
Vivek Jain, J.
This appeal has been admitted on the following substantial questions of law on 11.09.1998 :-
(ii) Whether the lower appellate Court is right in holding that the suit is barred by limitation?
2. This appeal under Section 100 C.P.C. has been filed by the pl
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
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.
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
Registered sale deeds cannot be canceled based solely on claims of non-payment or fraud without substantial evidence, and suits filed beyond the limitation period are meritless.
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