TMI Blog2010 (10) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... ies which are necessary to render the document valid. Attestation of sale deed is imperative. In this case animus to attestation remain totally absent. Appellant has made interlineations after the document stood executed. The said additions were made without the consent and knowledge of the respondent. In fact the mind of the respondent did not actuate with his hand while putting his thumb impression on the said sale deed at the time of registration. Thus, the additions so made by the appellant cannot be binding on the respondent. The additions in question are surrounded by the suspicious circumstances of a grave nature and, therefore, the same are required to be ignored. The contract being severable, the terms of contract included by these additions being void, cannot be taken note of – Appeal dismissed. - CIVIL APPEAL NO. 6396 OF 2002 - - - Dated:- 8-10-2010 - P. SATHASIVAM And Dr. B.S. CHAUHAN JJ. J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been filed against the judgment and order dated 2nd April, 2002 passed by the High Court of Karnataka at Bangalore in R.S.A No. 446 of 1996, reversing the judgment of the First Appellate Court dated 10.3.1999, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to execute the sale deed in favour of the appellant. The respondent approached the High Court by filing the Regular Second Appeal i.e. R.S.A. No. 446 of 1999 under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as `C.P.C.') and the said appeal has been allowed by the High Court vide judgment and order dated 2nd April, 2002. Hence, this appeal. 5. Shri Naveen R. Nath, learned counsel appearing for the appellant has submitted that the sale executed by the appellant in favour of the respondent was a conditional sale deed and thus, he had a right to repurchase the land any time within a period of ten years from the date of the execution of the sale deed. The appellant exercised his option within the period prescribed in the conditional sale deed. The trial court has erred in dismissing the suit, however, the First Appellate Court after proper appreciation of the entire evidence on record came to the conclusion that it was a conditional sale deed and not a case of absolute sale. The High Court ought not to have reversed the said findings of fact as it is not permissible to appreciate the evidence in second appeal, and no substantial question of law was involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obative value of that part of the document is required to be assessed. It becomes a case as if the respondent had never intended to have conditional sale deed. He never intended to enter into a contract to which certain part was not even known to him. The part of the contract as had been inserted after his signature i.e., after execution of the document cannot be binding upon him. If such averments are accepted, it becomes a clear cut case of manipulation/fraud by the appellant. (Vide Dularia Devi v. Janardan Singh amp; Ors., AIR 1990 SC 1173) 9. The appellant has examined himself and two other witnesses as PW.1 to PW.3. The other persons had been the scribe and attesting witnesses to the document. Copies of the said sale deed were produced and marked as Ex. P-1 to P-4. The respondent examined himself as DW-1. Two other witnesses including one attesting witness were also examined by him in defence. The trial court framed four issues: 1) Whether plaintiff proves that under sale deed dated 24.4.86 he has got right to purchase the suit schedule property? 2) Whether plaintiff further proves that he is entitled for the specific relief of specific performance of contract? 3) Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials such interlineations, blank, erasure or alteration. (2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineations, blank, erasure or alteration. It appears that vide Karnataka Act No. 41 of 1984, Clause 2 of Section 20 has been deleted, w.e.f. 7th November, 1986, however, corresponding provisions in Karnataka Registration Rules, 1965 (hereinafter called the Rules), providing for similar requirement have not been amended. Rule 41 of the said Rules provided examination of a document by the Registering Officer and made an obligation on his part that if there are unattested interlineations, alterations, erasures or blanks, which the Registering Officer considers should be attested, by the signatures of the executant, he shall not alter the document himself in any way. 12. Rule 42 of Rules reads as under: Manner of noting interlineations, etc.- Each important interlineations, erasure or alteration occurring in a document shall, whenever possible, be caused to be noted or described at the foot of the document and to be signed by the executant before the document is accepted for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . on 23rd April, 1986. We fail to understand if the appellant was not having money, why did he purchase the property from his vendor on 23rd April, 1986 and in order to pay him the sale consideration sold it to the respondent on the very next day i.e. on 24th April, 1986 for the same amount. There is nothing on record to show as under what circumstances the sale deed had been executed in favour of the appellant by his vendor without receiving the sale consideration and how could he be put in possession. 15. The First Appellate Court failed to appreciate that there was no shara (noting) in respect of interlineations in the sale deed. The respondent had deposed as under: At that time there was no mention in respect of conditional sale deed. In front of sub registrar nothing was spoken about the conditional sale deed. At the time of purchase the suit land was fallen land. After purchase I formed the land and improved its fertility. I spent about 10 to 15,000/- for the improvement of the land. I grow ragi and ground nut crops. I dig one Well in the suit land. I spent Rs.20,000/- to dug the Well. Prior to filling of this suit plaintiff did not approach me with a request to execute s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sum of Rs.10,000/- reserving his right to purchase the land for the same consideration within a period of ten years. In normal circumstances, the vendor would not agree for reconveyance for the same consideration for the reason that the value of the land generally goes upwards and within a period of ten years it could have at least become double. (See Sardar Jogender Singh v. State of U.P., (2008) 17 SCC 133; and Satish Ors. v. State of U.P.; Ors., (2009) 14 SCC 758). 17. The aforesaid circumstances make it abundantly clear that the appellant has made inter-lineations after the document stood executed. The said additions were made without the consent and knowledge of the respondent. In fact the mind of the respondent did not actuate with his hand while putting his thumb impression on the said sale deed at the time of registration. Thus, the additions so made by the appellant cannot be binding on the respondent. The additions in question are surrounded by the suspicious circumstances of a grave nature and, therefore, the same are required to be ignored. The contract being severable, the terms of contract included by these additions being void, cannot be taken note of. In vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
