BADRI PRASAD versus STATE OF MADHYA PRADESH AND ANOTHER

BADRI PRASAD versus STATE OF MADHYA PRADESH AND ANOTHER

Property in the cut timber passed to the purchaser (Respondent No. 2) when the unconditional sale contract was made; the payment of price by instalments did not affect transfer of property. Possession was delivered, and destruction by fire after delivery did not absolve the purchaser or the surety from liability for remaining instalments. The suit was rightly dismissed.

Parties
Appellant: Badri Prasad; Respondent No. 1: State of Madhya Pradesh; Respondent No. 2: Respondent No. 2 (Purchaser)
Jurisdiction
India
Judgment Date
16 March 1965
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Sale of Specific Goods, Auction Sales, Transfer of Property, Surety Liability, Forest Produce Contracts
Contract Law Property Law Sale of Specific Goods Auction Sales Transfer of Property Surety Liability Forest Produce Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Badri Prasad

Appellant

State of Madhya Pradesh

Respondent No. 1

Respondent No. 2 (Purchaser)

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the property in timber sold at auction passed to the purchaser before destruction by fire
  2. 2 Whether the appellant as surety is liable for unpaid instalments after timber was destroyed

Ratio Decidendi

Property in the cut timber passed to the purchaser (Respondent No. 2) when the unconditional sale contract was made; the payment of price by instalments did not affect transfer of property. Possession was delivered, and destruction by fire after delivery did not absolve the purchaser or the surety from liability for remaining instalments. The suit was rightly dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs