2012 (4) TMI 716 - HC - Indian Laws

Summary

Issues Involved:
The judgment involves a Second Appeal filed u/s 100 of CPC against a judgment and decree passed by lower courts regarding the nature of a sale deed and possession of a property.

Issue 1: Nature of Sale Deed
The plaintiff filed a suit for possession of a property, claiming the sale deed was for an outright sale, while the defendant argued it was executed as security for a loan. The First Appellate Court decreed the suit in favor of the plaintiff, considering it a sale transaction. The defendant relied on a Supreme Court judgment to support his claim.

Issue 2: Interpretation of Sale Deed
The Court examined the sale deed and found that it clearly indicated a sale transaction, not a mortgage by conditional sale. The defendant's argument that it was a nominal transaction for a loan was not supported by the evidence presented.

Issue 3: Burden of Proof
The Court emphasized that the burden lies on the defendant to prove that a registered document is not a bona fide transaction but a sham or nominal one. The defendant failed to provide sufficient evidence to support his claim that the sale deed was not intended to be acted upon.

Issue 4: Possession and Title
The Court noted that possession of the property and mutation were disputed, with evidence supporting the plaintiff's claim of possession. The defendant's attempts to show the transaction as nominal were not substantiated, and the plaintiff successfully proved his title through the registered sale deed.

Conclusion:
The Court upheld the First Appellate Court's decision to decree the plaintiff's suit, as the defendant failed to prove the sale deed was not a genuine transaction. The judgment favored the plaintiff, dismissing the appeal with no costs awarded.