D.R. RATHNA MURTHY versus RAMAPPA

D.R. RATHNA MURTHY versus RAMAPPA

The interlineations and insertions in the sale deed were made after its execution and were not attested or described at the foot of the document as required by Rule 42 of the Karnataka Registration Rules, 1965. These were surrounded by suspicious circumstances and must be ignored. The sale deed was an absolute one, not conditional. The appeal is dismissed.

Parties
Appellant: D.R. Rathna Murthy; Respondent: Ramappa
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Civil Appeal / Final Judgment on Merit
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Sale Deed, Registration, Attestation, Conditional Sale, Interlineation of Documents
Property Law Civil Procedure Specific Performance Sale Deed Registration Attestation Conditional Sale Interlineation of Documents

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Parties

D.R. Rathna Murthy

Appellant

Ramappa

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Merit

Legal Issues

  1. 1 Whether the sale deed dated 24th April, 1986 was an absolute sale or a conditional sale deed with right of reconveyance to the appellant.
  2. 2 Whether the interlineations and insertions in the registered sale deed comply with Rule 42 of the Karnataka Registration Rules, 1965.

Ratio Decidendi

The interlineations and insertions in the sale deed were made after its execution and were not attested or described at the foot of the document as required by Rule 42 of the Karnataka Registration Rules, 1965. These were surrounded by suspicious circumstances and must be ignored. The sale deed was an absolute one, not conditional. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • There shall be no order as to costs.