Supreme Court of India · 2009-02-20
Kaliaperumal vs Rajagopal & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 2122
- Court
- Supreme Court of India
- Petitioner
- Kaliaperumal
- Respondent
- Rajagopal & Anr
- Author
- J.M. Panchal
- Bench
- J.M. Panchal, R.V. Raveendran
Judgment text excerpt
The Supreme Court set aside the High Court's judgment affirming the lower court's decree in favor of the appellant regarding ownership and possession of property sold under a deed dated June 26, 1983. The Court held that the appellant's claim of having paid Rs.25,000/- as part of the sale consideration was not substantiated, and thus, the title did not pass to him as the balance of Rs.40,000/- was not paid. The Court emphasized that without full payment, the transfer of property is incomplete under the Transfer of Property Act, leading to the dismissal of the appellant's suit for declaration of title and possession.