Section 9 A&C Act Relief Available Until Award Is Actually Enforced, Even After It Becomes Enforceable: Telangana High Court Matrimonial Litigations Must Not Degenerate Into Contests Of Mutual Humiliation By Weaponising Private Images: Delhi High Court Unarmed Witnesses’ Inaction Against Armed Assailants Justified By Instinct Of Self-Preservation; Testimony Cannot Be Discarded: Allahabad High Court Ocular Evidence Outweighs Motive: Andhra Pradesh High Court Upholds Murder Conviction Based On Reliable Eyewitness Testimony Arrest Illegal If Written 'Grounds Of Arrest' Not Furnished To Accused; Communication Of Mere 'Reasons' Insufficient: Bombay High Court Absence Of Territorial Jurisdiction No Ground To Quash FIR At Threshold If Allegations Disclose Cognizable Offence: Calcutta High Court Proof Of Demand Is Sine Qua Non For PC Act Conviction; Voice Recordings Inadmissible Without Sec 65-B Certificate: Chhattisgarh HC Section 91 IEA | Disposition Of Immovable Property Cannot Be Proved By Oral Evidence If Written Document Not Produced: Delhi High Court NRC Legacy Data Extracts Inadmissible Without Section 65B Certificate; PAN Card & EPIC Not Proof Of Citizenship: Gauhati High Court Testimony Of Injured Witness Entitled To Great Weight; Minor Contradictions Due To Lapse Of Memory Cannot Discard Prosecution Case: Himachal Pradesh High Court Section 164 CrPC Statement Recorded Without Procedural Safeguards Or 'Cooling-Off' Period Not A Valid Confession: Jharkhand High Court Anticipatory Bail Cannot Be Denied Merely Because Investigation Is At A Nascent Stage If Custodial Interrogation Is Not Indispensable: Telangana High Court Actual Pay Drawn During Last 10 Months Must Be Basis For Pension Calculation, Regardless Of Notional Pay In Parent Bank: Punjab & Haryana High Court Kerala High Court Remands Teacher Seniority Dispute For Fresh Consideration To Verify If Senior Teacher Relinquished Promotion Claim Receipt Of DNA Report After Testimony Doesn't Automatically Confer Right To Recall Witness For Further Cross-Examination: Madhya Pradesh High Court Possession Of 'Bhang' Not An Offence Under NDPS Act, Specific Definition Excludes It: Jharkhand High Court Acquits Man Trial Court Cannot Reject Request For Handwriting Expert Merely Because Signatures Are On Photocopies: Punjab & Haryana High Court

Burden of proof lies with party disputing nature of transaction in registered sale deeds: Supreme Court

07 May 2024 8:19 AM

By: Admin


On 4 May 2023, Supreme Court of India has held, in Damodhar Narayan Sawale (D) through LRs Vs Shri Tejrao Bajirao Mhaske & Ors., that a registered sale deed carries a presumption of being a genuine transaction, and the burden of proving otherwise lies with the party disputing the nature of the transaction. The case involved a dispute between two defendants, one of whom sold land to the other and subsequently sold the same land to a third party. The second defendant disputed the nature of the transaction with the third party, claiming that the first sale was made as collateral for a money lending transaction.

The Court, in its judgment, noted that the sale deed in question was registered and its execution was not in dispute, which carried a presumption of genuineness. The burden was thus on the second defendant to prove that the transaction did not reflect the true nature of the sale. The Court also observed that since the second defendant had not disputed the sale of one acre of land to the plaintiff as per the sale deed, the other contentions raised by the second defendant against the plaintiff were inconsequential and unnecessary to be gone into.

The Court further held that the validity of the sale deed executed by the second defendant in favour of the first defendant was not an issue that could be raised by the second defendant against the first defendant in the subject suit, as it would amount to adjudication of a claim by way of counter-claim by one defendant against their co-defendant. The Court also noted that the first defendant had not disputed the sale of the land to the plaintiff, and had in fact admitted the joint execution of the sale deed and receipt of sale consideration.

In light of these observations, the Supreme Court set aside the judgment of the High Court, which had restored the decree of dismissal of the suit of the trial court and restored the judgment and decree of the Court of Additional District Judge, Buldana. The Court allowed the appeal with costs.

This judgment provides important guidance on the presumption of genuineness that attaches to registered sale deeds and highlights the burden of proof that lies with parties disputing the nature of such transactions.

Subject: Civil Law - Validity of sale deed - Challenge by co-defendant - Inter-se dispute on validity of sale deed between co-defendants - Admissibility of parol evidence to show contract was never intended to be acted upon - Registration and admission of execution of sale deed carrying presumption of genuineness - Burden of proof on party disputing nature of transaction in registered sale deed.

May 04.2023

Damodhar Narayan Sawale (D) through LRs Vs Shri Tejrao Bajirao Mhaske & Ors.

Latest Legal News