Section 100 CPC
3 articles
Non-Payment of Sale Consideration Cannot Void a Registered Sale Deed: The Allahabad High Court Revisits Section 54 of the Transfer of Property Act
In Devendra Singh v. Great Home Developers Pvt. Ltd., the Allahabad High Court held that a registered sale deed reciting full receipt of consideration and delivery of possession cannot be cancelled merely because the buyer's cheques were later dishonoured, since Section 54 of the Transfer of Property Act makes actual payment no precondition to a completed sale — the seller's remedy lies in a suit for the balance price, not in unwinding the conveyance.
13 min readA Registered Power of Attorney, Once Exercised, Cannot Be Undone by Its Own Later Cancellation: Madras High Court on Sections 200–202 of the Contract Act
In C.Rajendran v. P. Arumugam, the Madras High Court held that an agreement of sale executed by a registered power-of-attorney agent binds the principal so long as the power was valid and unrevoked at the time of the agreement, rejecting the principals' argument that a subsequent cancellation of the power, and a disputed reading of its acreage, could defeat a decree for specific performance.
13 min readMutation Is Not Title: Jamnabai v. Vasudev on Revenue Entries, Relinquishment and the Limits of Second Appeal
A name removed from the revenue record in 1990 did not cost a co-owner his share. This case note works through all four issues the Supreme Court decided in Jamnabai v. Vasudev, from Section 117 of the MP Land Revenue Code to the proviso to Section 34 of the Specific Relief Act.
14 min read