9911796707
TMI Blog2020 (1) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... e defendants purchased plot measuring 4190 sq. mtrs. having Khasra No.962, situated at Village-Noor Nagar, Loni, Ghaziabad, U.P. for a sum of Rs. 13,15,00,000/- and a Sale Deed was executed between the plaintiff and the defendant No.2 to this effect on 4th September, 2013; (b) that for payment of sale consideration, the defendants issued post-dated cheques/demand drafts to the plaintiff; (c) that four cheques, all dated 7th July, 2014 of Rs. 2 crores each when presented, were returned unpaid owing to insufficiency of funds in the account on which the same were issued; and, (d) that the defendants had failed to pay the said amount inspite of repeated requests. 2. The suit came up first before this Court on 11th May, 2016 and thereafter on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crores sought. 8. The counsel for the plaintiff, yesterday stated that Ghaziabad suit was only for the relief of injunction and not for the relief of declaration as null and void of the Sale Deed. 9. However the defendants, along with the application under Order XII Rule 6 of the CPC have filed a copy of the plaint in the Ghaziabad suit in Hindi language and a reading whereof showed the relief claimed therein to be of declaration as null and void of the Sale Deed. 10. However yesterday the counsel for the plaintiff kept on denying that the suit was for the relief of declaration. Owing to the counsel for the defendants being not available on first call, the matter was passed over. 11. On passover, the counsel for the defendants appeared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same, pass the map of land, make construction, receive loan from any bank, the Vendor will gladly put his signature where the requirement of signature and consent is needed, he will not have any objection." 17. Section 55(4)(b) of the Transfer of Property Act, 1882 provides, that in the absence of a contract to the contrary, the seller is entitled, where ownership of the property has passed to the buyer before payment of whole of purchase money, to a charge upon the property in the hands of the buyer, from the date the possession is delivered. The same indicates that, merely because a registered sale deed is executed, does not mean that the ownership of the property has passed from the seller to the buyer and the parties, in the sale d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... become void and transferor/ lessor shall be free to sell plot to any third party since non-payment rendered the agreement automatically void. Recently in S. Sarojini Amma Vs. Velayudhan Pillai Sreekumar (2019) 11 SCC 391 also, in the context of a conditional gift it was held that a conditional gift only becomes complete on compliance of conditions in the deed and when a gift is incomplete, the title remains with the donor and the gift deed might be cancelled. Reference may also be made to Kaliaperumal Vs. Rajagopal (2009) 4 SCC 193 and Surinder Pal Vs. Rainbow Promoters Pvt. Ltd. 2010 SCC OnLine P&H 9366. 18. I have enquired from the counsel for the defendants, whether the defendants have dealt with the property in any manner whatsoever t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
