9911796707
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Issues:
- Interpretation of the impugned sale deed Ext. A/1 dated January 18, 1956 regarding the passing of title to the purchaser plaintiff. - Determining the category of the clause in the sale deed - independent, dependent, or involved. - Analysis of extraneous factors to ascertain the intention of the parties regarding the passing of title irrespective of non-payment of consideration. - Construction of the impugned sale deed in light of the tests for interpretation. - Plaintiff's claim for damages and mesne profits. Analysis: 1. The case revolved around a suit filed by the plaintiff for declaration of title and possession of 12.88 acres of land described in Schedule Ka. The plaintiff claimed ownership based on a sale deed Ext. A/1 dated January 18, 1956, where defendant No. 1 purportedly sold the land to the plaintiff for a consideration of &8377; 600, with immediate payment of &8377; 300 and possession granted. Subsequently, defendant No. 1 sold the land to defendants 2 and 3, leading to a dispute over ownership and possession. 2. The defense contended that the plaintiff failed to pay the full consideration within the stipulated time, leading to a registered cancellation deed by defendant No. 1. The defense denied any payment of &8377; 300, delivery of possession, or passing of consideration. The lower courts found that no consideration was paid, and possession was not delivered to the plaintiff, leading to the dismissal of the claim for damages. 3. The main issue was the interpretation of the sale deed Ext. A/1 to determine if title passed to the plaintiff despite non-payment of consideration. The court categorized the clause in the deed as an involved clause, indicating a complex interplay between passing of title and consideration. The court considered extraneous factors like document custody, parties' conduct, and surrounding circumstances to infer the parties' intention. 4. The court analyzed precedents on document interpretation and emphasized the importance of applying tests for construing such documents. The lower courts were criticized for not correctly applying these tests in their interpretation of the sale deed. The court concluded that no title passed to the plaintiff under the deed due to non-payment of consideration and absence of possession delivery. 5. Regarding the plaintiff's claim for damages and mesne profits, the court dismissed the claim in light of the finding that the plaintiff's title claim based on the sale deed failed. Consequently, defendant No. 1's appeal was allowed, the plaintiff's title declaration was set aside, and the suit was dismissed. The plaintiff was ordered to pay costs throughout the legal proceedings.
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