"Sale" defined---Sale how made---Contract of sale---Scope---In absence of proof that sale consideration was received by the vendor, there was no sale in the eyes of law.

 2021 C L C 584

(a) Transfer of Property Act (IV of 1882)---

----S.54---Specific Relief Act (I of 1877), S.42--- Suit for declaration---"Sale" how made---Contract of sale---Failure to prove payment of consideration---Scope---Plaintiff approached Civil Court through declaratory suit aiming cancellation of registered sale deed as well as its implementing mutation asserting that the suit area was mortgaged to defendants for a term of five years but they managed registration of sale deed within just ten days of the attestation of mortgage mutation and that he was an illiterate and advanced age seriously ill person---Validity---Illiteracy, advanced age and serious illness of the plaintiff was not disputed---Burden to prove the contents of document, in addition to proof of execution and ingredients of the transaction couched therein, was on the defendants, being beneficiaries---In order to prove that a transaction was sale, the passing of price or its promise had to be contemplated and in absence thereof, mere registration of document to that effect did not operate to pass title to the beneficiary---Marginal witnesses of the sale deed and Deed Writer admitted that the consideration was not paid before them---High Court observed that in the absence of proof that sale consideration was received by the vendor, there was no sale in the eyes of law---Revision petition was dismissed, in circumstances

(b) Evidence Act (I of 1872) [since repealed]---

----S.102---Burden of proof---Scope---Ordinarily a document is not proved by itself unless admitted by its executant, otherwise, when there is specific denial, it becomes sine qua non for the beneficiary to prove the document as per S.102 of the Evidence Act, 1872.

(c) Transfer of Property Act (IV of 1882)---

----S.54---"Sale" defined---Sale how made---Contract of sale---Scope---In absence of proof that sale consideration was received by the vendor, there was no sale in the eyes of law.

(d) Limitation---

----Any deal (transaction) based on fraud would be void and notwithstanding the bar of limitation, the matter can be considered on merit so as to discourage fraud besides to be perpetuated.