(Querist) 06 June 2008
This query is : Resolved
my client sold a property after receiving the cheques.The deed is under the process of registration.I filed a declaration and injunction suit retraining the defandant from entering the property and declaration of inoperativeness of the deed.Because the cheques got bounced.
Sir , I need citation including the page numberand case number of AIR (1990-2008)in favour of the plaintiff.
(Expert) 07 June 2008
A sale is not rendered void, wholly or partially, because a part of the consideration is not paid. All that the vendor is legally entitled in that case, is to a lien on the property sold, to the extent of the amount not paid. Case law referred: Kevaldas Vs. Nagindas, (1909) 11 Bom L R 383.
There are citations of the SC on this point and the same can be looked into.It depend on the wordingss of the sale deed sicne the buyer is bound to pay the sale considerations in terms of the sec.55 of the T.P. Act for effective transfer of the title.