Partly allowed

Kamala v. Adaikalam(Died)

Madras HC6 Dec 2024SA/1379/1998

Case brief

AI extract

What is this about?

This judgment appeals a trial court decree in two joint suits concerning title and specific performance. The High Court held that an unregistered document styled as a sale deed with a clause for future registration cannot be enforced for specific performance due to lack of prosecution/registration by the purchaser. However, it extended protection under Section 53-A of the Transfer of Property Act to the purchaser regarding his possession of seven items, barring the plaintiff from recovery of those items and granting her only a declaratory title.

What did the court decide?

1. Plaintiff's title to Item 8 declared; defendants 2-5 to deliver vacant possession of Item 8. 2. Suit for specific performance of unregistered sale deed dismissed; defendant entitled to retain possession of Items 1-7 under Section 53-A of the Transfer of Property Act.

Kamala Vs Adaikalam(Died) — Contract and Commercial Disputes | Madras HC (2024)

What the court decided

AI extract

Outcome

Issue for consideration

Whether the appellate court erred in negativing declaration and possession prayed for in the suit for title and recovery? +2 more

Detailed headnote3 paragraphs

1. An unregistered document dated 14.04.1978, executed by a vendor and containing a clause where the vendor undertakes to register the same if the purchaser requires it, possesses all elements of a completed sale deed. Since the vendor performed their obligation and handed over the document, the purchaser was bound to present it for registration within four months of execution under Section 23 of the Registration Act. The purchaser's failure to do so over a lapse of 15 years indicates default and an attempt to outmaneuver the Registration Act, rendering the document unenforceable as a sale agreement for a suit for specific performance.

2. For the purpose of a suit for recovery of possession, the protection under Section 53-A of the Transfer of Property Act is available to the transferee. The requirement of 'willingness' to perform the contract in Section 53-A refers to the performance of contractual obligations (payment of consideration), not the statutory obligation to register the deed, which falls on the vendor once the purchaser has performed. Since the vendor did not refuse to register after the purchaser paid the full consideration, the defendant was entitled to retain possession despite the non-registration.

3. While a declaration of title is normally a discretionary relief, it is not denied merely because the consequential relief of delivery of possession cannot be granted in that specific suit due to the transferee's valid claim under Section 53-A. The plaintiff is entitled to a declaratory decree confirming her title over the property, though she cannot recover possession of the items covered by the unregistered deed.

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S.A.(MD) Nos.1379 and 1380 of 1998

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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RESERVED ON : 29.11.2024

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PRONOUNCED ON : 06.12.2024

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CORAM : JUSTICE N.SESHASAYEE

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S.A.Nos.1379 & 1380 of 1998

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S.A.No.1379 of 1998:

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Kamala ... Appellant/Respondent/Plaintiff

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Adaikalam (Died) ... Respondent/Appellant/Defendant 2.Murugan 3.Baskar 4.Muniswaran 5.Aachi ... Respondents 2 to 5

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[Respondents 2 to 5 were brought on record as LRs of the deceased sole respondent vide order dated 01.04.2022 made in C.M.P.(MD) Nos.3242, 3244 and 3246 of 2021 in S.A.No.1379 of 1998]

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Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 09.01.1998 made in A.S.No.101 of 1997 on

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What is this about?

What did the court decide?

What is this about?

What did the court decide?

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