DEV RAJ (DEAD) THROUGH L.RS. versus HARBANS SINGH (DEAD) THROUGH L.RS.

DEV RAJ (DEAD) THROUGH L.RS. versus HARBANS SINGH (DEAD) THROUGH L.RS.

Sale was conditional upon discharge of mortgage by the buyer; evidence shows mortgage was discharged by the seller, buyer failed to fulfil the condition, thus the seller is not bound by the sale.

Parties
Appellant: Dev Raj (Dead) Through L.Rs.; Respondent: Harbans Singh (Dead) Through L.Rs.
Jurisdiction
India
Judgment Date
19 February 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Conditional Sale, Mortgage Discharge, Adverse Possession
Property Law Conditional Sale Mortgage Discharge Adverse Possession

Case Brief

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Parties

Dev Raj (Dead) Through L.Rs.

Appellant

Harbans Singh (Dead) Through L.Rs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the buyer discharged the mortgage as per condition of sale
  2. 2 Whether seller is bound by sale where buyer failed to fulfill condition
  3. 3 Claim of adverse possession by seller

Ratio Decidendi

Sale was conditional upon discharge of mortgage by the buyer; evidence shows mortgage was discharged by the seller, buyer failed to fulfil the condition, thus the seller is not bound by the sale.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of High Court and appellate Court set aside
  • Trial Court decree restored