BISHUNDEO NARAIN RAI (DEAD) BY LRS. versus ANMOL DEVI AND ORS.

BISHUNDEO NARAIN RAI (DEAD) BY LRS. versus ANMOL DEVI AND ORS.

In the absence of any stipulation to the contrary in the sale deed and upon payment of full consideration by the purchasers (save a minor amount deposited in court), execution and registration of an unambiguous sale deed passes title and interest absolutely to the purchaser; non-delivery of the registration receipt...

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Parties
Appellant: BISHUNDEO NARAIN RAI (DEAD) BY LRS.; Respondent: ANMOL DEVI AND ORS.
Jurisdiction
India
Judgment Date
20 August 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed.
Legal Topics
Sale of Immovable Property, Transfer of Property, Construction and Effect of Sale Deed
Property Law Sale of Immovable Property Transfer of Property Construction and Effect of Sale Deed

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Parties

BISHUNDEO NARAIN RAI (DEAD) BY LRS.

Appellant

ANMOL DEVI AND ORS.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether on execution and registration of the sale deed dated April 30, 1963, absolute title to and interest in the suit property was conveyed to the plaintiffs (first purchasers).

Ratio Decidendi

In the absence of any stipulation to the contrary in the sale deed and upon payment of full consideration by the purchasers (save a minor amount deposited in court), execution and registration of an unambiguous sale deed passes title and interest absolutely to the purchaser; non-delivery of the registration receipt or non-redemption of mortgage by the time of sale does not preclude passage of title once all consideration is paid, and vendors' unilateral cancellation of the sale deed is ineffective.

Court Disposition

Appeal allowed.

Orders

  • Set aside the judgment and decree of the Patna High Court under appeal to the extent indicated.
  • Decree the suit of the first purchasers as prayed for (declaring cancellation deed and subsequent sale deed void and awarding possession/title).