1959 (3) TMI 74 - HC - Indian Laws

Summary

Issues Involved:
1. Applicability of Section 53A of the Transfer of Property Act.
2. Nature and character of the widow's estate under Hindu law.
3. Existence and validity of the unregistered sale deed.
4. Sufficient foundation for invoking Section 53A.
5. Admissibility of secondary evidence under Section 65 of the Indian Evidence Act.
6. Possession in part performance of the contract.

Issue-wise Detailed Analysis:

1. Applicability of Section 53A of the Transfer of Property Act:
The second appeal primarily raises questions under Section 53A of the Transfer of Property Act, which provides a statutory defense to a transferee in possession who has performed or is willing to perform his part of the contract, despite the contract being unregistered. The appellant contends that Section 53A should apply even against the plaintiff, an alienee from the reversioners.

2. Nature and Character of the Widow's Estate under Hindu Law:
Under Hindu law, a widow is not merely a life-tenant but the owner of the estate with certain restrictions, representing the estate for several purposes. An alienation made by her for legal necessity binds the estate, including the reversioners. Consequently, a contract entered into by her for legal necessity would also bind the reversioners, making Section 53A applicable to such contracts.

3. Existence and Validity of the Unregistered Sale Deed:
The existence of the unregistered sale deed executed by the widow, Suramma, in favor of Padmanabhudu is disputed. The evidence presented by D.W.1 and D.W.2 is inconsistent and lacks credibility. The trial court did not find the testimony reliable and noted conflicting versions regarding the execution and timing of the sale deeds to Nagayya and Padmanabhudu. The lower appellate court also did not provide independent consideration on this issue.

4. Sufficient Foundation for Invoking Section 53A:
For Section 53A to be invoked, there must be a written document constituting a contract of sale. The evidence does not establish the execution of such a document beyond doubt. The inconsistencies in the testimonies and the lack of clear evidence on the terms of the contract and the extent of the land sold hinder the application of Section 53A.

5. Admissibility of Secondary Evidence under Section 65 of the Indian Evidence Act:
Secondary evidence of the document's existence and contents can be admitted only if the original is proven to be lost or destroyed. The evidence provided by D.W.3 regarding the loss of the document is vague and insufficient. There is no credible proof of a thorough search for the document, making the secondary evidence inadmissible.

6. Possession in Part Performance of the Contract:
Section 53A requires that possession be taken in part performance of the contract. The evidence suggests that possession was given before the execution of the alleged sale deed, contradicting the requirement that possession be pursuant to the contract. Additionally, if the sale to Nagayya preceded the sale to Padmanabhudu, the latter sale would be invalid as the title would have already passed to Nagayya.

Conclusion:
The court affirmed the judgment and decree of the lower appellate court, dismissing the second appeal with costs. The appellant failed to establish the necessary conditions for invoking Section 53A, including the existence of a valid written contract, admissibility of secondary evidence, and possession in part performance of the contract.