Civil Procedure Code, 1908
Section 99—Mandate of section—Contention that appeal abates since legal heirs of vendor (objectors) were not brought on record as legal heirs, although, they were parties to the appeal as appellants—Unaccepted—Even otherwise, the objection raised is technical in nature, since legal heirs and prospective purchaser were already on record—Same is, therefore, liable to be rejected having regard to mandate of Section 99 of the CPC.
[Para 19]
Hindu Succession Act, 1956
Sections 8 & 9—Ownership of property—A property inherited by Hindu male from his father is a separate property and not property of Joint Hindu family comprising of himself and lineal descendants—Suit property must be held to be separate property of the vendor, since it is inherited by him from his father vendor had absolute right to sell the suit property—Objectors have no right to challenge the sale transaction by the vendor in favour of the purchaser—Suit filed by objectors deserves to be dismissed and the suit filed by the purchaser needs to be allowed.
[Paras 27 to 29]
Registration Act, 1908
Section 77—Suit for perpetual injunction—Maintainability of—Section 77 of the Registration Act will not be an adequate remedy, where in addition to direction for registration of sale-deed, the plaintiff seeks other reliefs such as recovery of possession and mesne profits or damages and civil suit filed in such a situation will be maintainable—Apart from directions to register the sale-deed, the purchaser (plaintiff) has also prayed for decree for perpetual injunction against forcible dispossession and an alternate prayer is also made seeking refund of the same—Additional substantial question of law sought to be canvassed by the advocate for the objectors, does not arise for consideration.
[Para 15]
Transfer of Property Act, 1881
Section 54—Execution of sale deed—Proof of—Courts below have recorded a finding that the purchaser has duly proved the agreement and payment of sale consideration—Evidence of purchaser is supported by attesting witness to the sale deed—Contention of vendor or objectors that sale deed in question was a nominal document arising out of money lending transaction cannot be substantiated—Attesting witness is the brother of vendor, who has supported the case of purchaser regarding execution of document and payment of consideration—Findings of facts recorded by courts below do not warrant any interference.
[Para 16]
Section 54—Sale deed—Validity of—A sale transaction is complete only upon registration of sale-deed—Although execution of sale-deed is proved, the transaction of sale is incomplete since document is not registered—Sale-deed cannot be said to be a valid document of title in view of Section 54 of Transfer of Property Act.
[Para 17]