VidhiSangh

Supreme Court of India · 19/07/2024

KAUSHIK PREMKUMAR MISHRA & ANR. versus KANJI RAVARIA @ KANJI & ANR.

[2024] 7 S.C.R. 2295 · 2024 INSC 540

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Summary

A sale executed and presented for registration in 1985, but registered in 2011 after payment of deficient stamp duty, prevailed over the vendor’s subsequent sale in 2010. The vendor neither specifically denied execution or receipt of consideration nor entered the witness box. The purchasers’ minority and the delay in registration did not invalidate the first sale on these facts. The decree cancelling the later sale was restored with exemplary costs.

Issues

  1. Whether the first registered sale could be rejected for alleged non-payment of consideration, minority of the purchasers or delayed registration.
  2. Whether the subsequent purchaser obtained title or protection as a bona fide purchaser.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and first appellate decree restored. Respondents to bear exemplary costs totalling Rs.10 lakh equally, payable within eight weeks; proof to be filed within ten weeks.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 2295.