On a transfer of property, all the interests which the transferor has or he was having at that time, capable of passing to, pass on such transfer unless a different intention is expressed or necessarily implied. Further, section 8 and section 54 of the Transfer of Property Act suggests that through execution and registration of a sale deed, the ownership and all interest in property shall pass to the transferee and that would be on terms and conditions embodied in the deed indicating the intention of the parties. The judgement was passed by the High Court of Tripura in the case of Sri Parimal Ghosh & Ors v. Sri Nandalal Ghosh & Ors [RFA 18/2015] by Division Bench consisting of Hon’ble Justice S. Talapatra & Justice S.G. Chattopadhyay.
The said suit was instituted for declaration of right, title, interest and cancellation of sale deed, recovery of possession, perpetual injunction and mesne profit under Section 96 of the CPC.
Learned counsel for the appellant has submitted that inference, as drawn by the civil judge in respect of payment of consideration money, is grossly unsustainable in view of the fact that those defendants have proved that such payment was made. Thus, “Section 25 of the Indian Contract Act will have no application in the facts as emerged. It has been dis-proved that the claim of payment of consideration money is a hoax.”
Learned counsel for the respondent to repel the submission advanced counsel, has stated that the incidence of payment of consideration money to the extent of Rs.10,00,000/- to the defendants has not at all been proved. No prudent person shall believe such a hoax. According to learned counsel, there is no legal evidence to prove the claim of payment of consideration money for transferring the land in schedules B(i), B(ii), B(iii) and B(iv).
While dismissing the petition the court finds that “the land as described in Schedule A could not have been transferred without prior permission of the District Collector as every allotment is made by keeping the control over the land. When the Tripura Land Revenue and Land Reforms Rules, 1980 replaced the former Tripura Land Revenue and Land Reforms (Allotment of Land) Rules it became mandatory to obtain prior permission from the District Collector for transfer of any part of the allotted land. But that aspect of the matter has not been asserted by anyone and that being a statutory requirement, not obliged is the other reason to believe that the plaintiff had any serious intention to sell the suit land.”
