VidhiSangh

Supreme Court of India · 04/05/2023

DAMODHAR NARAYAN SAWALE (D) THROUGH LRS versus SHRI TEJRAO BAJIRAO MHASKE & ORS

[2023] 6 S.C.R. 175 · 2023 INSC 491

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Summary

The Court restored a decree for possession founded on an admittedly executed registered sale deed. The High Court had wrongly treated the conveyance and an earlier sale between the defendants as void under the Fragmentation Act without the requisite pleadings, jurisdictional consideration or factual foundation. The vendor failed to displace the effect of the admitted conveyance and its consideration recital.

Issues

  1. Whether the registered conveyance supported possession despite the vendor’s plea of a nominal loan-security transaction.
  2. Whether the courts could invalidate the sales under the Fragmentation Act on the pleadings and jurisdictional footing presented.

Provisions considered

Held

Result

Appeal allowed with costs. High Court judgment set aside; first appellate judgment and decree granting possession restored.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 175.