IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Satla Komuraiah, S/o.Ilaiah, (Died) per Lr. – Appellant
Versus
Bobbala Karunakar Reddy, S/o. Ram Reddy – Respondent
JUDGMENT :
B.R.MADHUSUDHAN RAO, J.
1. This Memorandum of Appeal is filed under Section 96 r/w Order 41 Rule 1 of Code of Civil Procedure, 1908 (for short ‘CPC’) aggrieved by the judgment and decree in OS.No.107 of 2015, dated 08.10.2018 passed by the Principal District Judge at Karimnagar.
2.1. Appellant No.1 is the sole plaintiff and the respondent is the sole defendant.
2.2. During pendency of the Appeal, appellant No.1 died, his LR is brought on record as appellant No.2.
3.1. Learned counsel for the appellant submits that the judgment passed by the learned trial Court is erroneous in law and against the facts of the case, the Court below without considering the facts, documents and legal position passed the impugned judgment. Appellant No.1-plaintiff filed suit for cancellation of registered sale deed bearing document No.560 of 2015 dated 20.01.2015, as on the date of filing of the suit he was in possession of the suit schedule property and the Court below did not look into the same. As per the recitals of the sale deed (Ex.A4) the value of the property shown is Rs.17,27,000/- but the respondent-defendant has taken a plea that he has purchased the schedule property for Rs.36 Lakhs
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
A registered sale deed cannot be set aside on grounds of oral claims of fraud or coercion unless substantiated with clear evidence, and a non-payment of full consideration does not invalidate the dee....
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
The main legal point established in the judgment is that a sale deed without payment of price is void and of no legal effect under Section 54 of the Transfer of Property Act.
(1) A registered document carries with it presumption of correctness unless proved otherwise.(2) Agreement to Sell – Doctrine of bona fide purchaser does not protect a subsequent purchaser if vendor ....
(1) Agreement to Sell – Registered Sale Deed carries with it a formidable presumption of validity and genuineness – Registration is not a mere procedural formality but a solemn act that imparts high ....
The Court upheld the validity of the earliest sale deed, ruling that subsequent transactions without proper authority and consent are void, while affirming jurisdiction based on registration location....
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.