KALIAPERUMAL versus RAJAGOPAL & ANR.

KALIAPERUMAL versus RAJAGOPAL & ANR.

The parties intended that ownership would pass to the appellant only after receipt of the entire consideration by the vendors, as a condition precedent. As no amount was tendered or paid in presence of Sub-Registrar at registration, title did not pass either on execution or registration. Intention as determined from the sale deed and conduct of parties shows transfer of ownership was contingent upon full payment of consideration.

Parties
Appellant: Kaliaperumal; Respondent: Rajagopal; Respondent: Rajagopal (minor sons)
Jurisdiction
India
Judgment Date
20 February 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal Against High Court Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Property, Sale of Immovable Property, Passing of Title on Sale, Effect of Registration, Payment of Consideration as Condition Precedent
Property Law Transfer of Property Sale of Immovable Property Passing of Title on Sale Effect of Registration Payment of Consideration as Condition Precedent

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Parties

Kaliaperumal

Appellant

Rajagopal

Respondent

Rajagopal (minor sons)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal Against High Court Decision

Legal Issues

  1. 1 Whether title to disputed properties passed to appellant upon registration of sale deed when no consideration was paid

Ratio Decidendi

The parties intended that ownership would pass to the appellant only after receipt of the entire consideration by the vendors, as a condition precedent. As no amount was tendered or paid in presence of Sub-Registrar at registration, title did not pass either on execution or registration. Intention as determined from the sale deed and conduct of parties shows transfer of ownership was contingent upon full payment of consideration.

Court Disposition

Appeal dismissed

Orders

  • No ground to interfere with High Court decision; suit for declaration and possession dismissed
  • No order as to costs