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february 2009

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.

Kaliaperumal vs Rajagopal & Anr · Niyam