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Bayanabai Kaware v. Rajendra S/o Baburao Dhote

Civil Appeal · 2017 INSC 1136Decided 23 Nov 2017
Civil Appeal No. 19625 of 2017
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The respondent (plaintiff) had purchased a plot of land in Nagpur from a housing cooperative society in 1981 and claimed the appellant (defendant) had encroached on it and built an unauthorized hut. The trial court dismissed the respondent's possession suit, holding the sale deed was not properly proved and that the appellant had perfected title by adverse possession; the first appellate court agreed the sale deed was unproved (though it disagreed on adverse possession) and also dismissed the suit. The High Court, in second appeal, reversed both and held the sale deed was duly proved, decreeing possession in the respondent's favour, which the appellant then challenged before the Supreme Court.

Decision Breakdown

The Supreme Court agreed with the High Court that the sale deed was validly proved, holding that, unlike a gift deed, a sale deed does not require attesting witnesses under Section 54 of the Transfer of Property Act or Section 68 of the Evidence Act, and noting that the appellant had never disputed the original owner-society's title and had not challenged the adverse findings against her adverse-possession claim by cross-objection. Finding the sale deed properly proved and the respondent's title superior, the Court dismissed the appeal, upholding the High Court's decree of possession in the respondent's favour.

Lesson Learnt

A registered sale deed does not need attesting witnesses to be legally proved (unlike a gift deed); a party who fails to challenge adverse findings against them by cross-objection at the appropriate stage cannot revive that point later.

Official source (sci.gov.in)View Judgment (PDF)

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