1980 (2) TMI 268 - SC - Indian Laws

Supreme Court Upholds Decision on Lorry Sale Appeal

The Supreme Court dismissed the plaintiff's appeal seeking recovery of money for a lorry sale due to non-transfer of vehicle registration. The court ... - Issues involved: Plaintiff's appeal for recovery of money due to non-transfer of vehicle registration.Summary:The plaintiff's appeal, challenging the dismissal of the suit for recovery of money, was directed against the High Court's judgment upholding the lower courts' decisions. The case revolved around the sale of a lorry and route permit, with subsequent transfers to different parties. The plaintiff sought recovery of the amount paid for the lorry and interest due to the failure of the previous owners to transfer the registration. The key argument was that the sale was ineffective due to non-transfer of registration.The appellant's counsel contended that the failure to transfer registration rendered the sale ineffective, akin to an agreement to sell. However, the court disagreed, citing Section 31 of the Motor Vehicles Act, 1939, which allows for the transfer of ownership of a vehicle. The section mandates the transferee to report the transfer to the registering authority and get the registration transferred in their name. As the plaintiff did not fulfill this obligation despite receiving all necessary documents, the courts below rightly held that the plaintiff was not entitled to a refund or damages.In conclusion, the Supreme Court found no merit in the appeal and dismissed it, leaving the parties to bear their own costs.