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Civil Property & InheritanceSupreme Court of India

Sita Ram (Dead) through LRs. v. Bharat Singh (Dead) through LRs.

Civil Appeal · 2019 INSC 1036Decided 17 Sept 2019
Civil Appeal No. 8179 of 2016
Justice A.M. Khanwilkar · Justice Ajay Rastogi

Background

The original tenure-holders of a plot of agricultural land in Mathura had sold it by a registered sale deed in 1973. The buyer later exchanged that same plot with another tenure-holder's land via a registered exchange deed in 1974. During later land-consolidation (chakbandi) proceedings, the original sellers' heirs tried to have the exchange deed declared void (for want of required government permission) in the hope of recovering the land for themselves, even though they themselves had no connection to the exchange transaction.

Decision Breakdown

The Supreme Court held that the 1973 sale deed and the 1974 exchange deed were two separate, independent transactions, and any defect in the later exchange deed (non-compliance with Section 161 of the Act) only affects the parties to that exchange: it does not revive or restore rights to the original sellers, who had already transferred away all their rights by registered sale years earlier and had never themselves sought to cancel that sale. The appeals were accordingly dismissed, upholding the High Court's decision against the appellants.

Lesson Learnt

A person who has already sold away their rights in a property cannot later use an unrelated defect in a subsequent transaction between other parties to claim the property back for themselves.

Sita Ram (Dead) through LRs. v. Bharat Singh (Dead) through LRs. – Legal Case Shots | LegalAware