“Supreme Court Upholds Sale Deed Terms in Land Ownership Case: Dismisses Appeal “
In a significant judgment, the Supreme Court of India has dismissed an appeal concerning a land ownership dispute, emphasizing the sanctity of the original terms of a sale deed. The bench, comprising Justices Abhay S. Oka and Pankaj Mithal, delivered their verdict on Civil Appeal No. 9098 of 2013, involving the estate of Kanwar Raj Singh and the legal representatives of Gejo.
The case revolved around a piece of land measuring 71 kanals 8 marlas. The appellants contested the interpretation of a sale deed executed by their predecessor, Kanwar Raj Singh, claiming that it conveyed only a 1/3rd share of the property, not the entirety. This assertion was based on an interpolation made in the sale deed before its registration.
Justice Oka, in the judgment, observed, “The sale deed was registered with the interpolation made about the description/area of the property sold. The first defendant admittedly made the said interpolation after it was executed but before it was registered.” The Court found that the unilateral alterations made to the sale deed after its execution and without the buyer’s consent were invalid.
The judgment further clarified the legal standing of such documents, stating, “In terms of Section 47 of the Registration Act, a registered sale deed where entire consideration is paid would operate from the date of its execution.” Thus, the Supreme Court restored the original interpretation of the sale deed as it existed at the time of its execution.
This ruling reaffirms the legal principle that the description of the property in a registered sale deed prevails, especially when the entire consideration has been paid on the date of its execution. The decision has significant implications for property law and the interpretation of sale deeds in India.
The Supreme Court, in its ruling, also referenced the Constitution Bench decision in Ram Saran Lall v. Domini Kuer, supporting their interpretation of Section 47 of the Registration Act, 1908. The judgment concluded with the dismissal of the appeal, with no order as to costs, thereby upholding the High Court’s decision to restore the decree of the Trial Court.
Date of Decision: 2nd January 2024
KANWAR RAJ SINGH (D) TH. LRS. VS GEJO. (D) TH.LRS & ORS
