Advocates:
For the Appellant: Shri P.R.Patankar
For the Respondent: Shri B.P.Sharma

Key Points: - The sale deed executed without payment of consideration is void under Section 25 of the Indian Contract Act, 1872. (!) (!) - The trial court’s decree declaring the sale deed null and void was affirmed on appeal. (!) (!) - The agreement to sell with no actual payment, executed on the same day as the sale deed, supports the finding of lack of consideration. (!) (!) - The court references that payment of price is an essential element of a sale; without payment, the sale is void. (!) (!) - The evidentiary approach adopts the civil standard of proof "preponderance of probability" to determine lack of consideration and title implications. (!) - Substantial evidence showed that no sale consideration was paid and possession was handed over, aligning with voidance of the sale deed. (!) (!) (!) - The appellant’s contention that full consideration was paid was rejected based on documentary and witness evidence. (!) (!) (!) - The appellate court upheld the conclusion that the sale deed was executed without consideration and was void. (!) (!)

What is the effect of executing a sale deed without payment of consideration under the Indian Contract Act, 1872 as addressed in this judgment?

What is the court's finding regarding the validity of a sale deed where no sale consideration was paid and the agreement to sell was executed on the same day?

What are the standard of proof and evidentiary considerations applied to establish lack of consideration in a civil suit for sale of immovable property?