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of <h1>Dispute over land possession and conveyance validity dismissed under Letters Patent Clause 15</h1> <h3>Nitai Chandra Naskar and anr. Versus Srimati Champaklata Debi and ors.</h3> The appeal under Clause 15 of the Letters Patent, involving a dispute over possession of land and the validity of a conveyance executed by Dasarath ... - Issues:- Appeal under Clause 15 of the Letters Patent from a judgment in a suit for recovery of possession of land.- Dispute between rival claimants regarding property ownership.- Validity of conveyance executed by Dasarath Sardar.- Grounds of undue influence and lack of consideration in the conveyance.- Interpretation of the Transfer of Property Act regarding conveyances and gifts.- Effect of non-payment of consideration on the validity of a conveyance.- Applicability of Section 123 of the Transfer of Property Act on deeds of gift.- Intention of the parties in a transaction determining the transfer of title.- Precedents and legal principles regarding conveyances and consideration payment.- Outcome of the appeal and dismissal of the suit for recovery of possession.Analysis:The judgment involves an appeal under Clause 15 of the Letters Patent concerning a dispute over the possession of land between rival claimants to a property previously owned by Dasarath Sardar. The central issue revolves around the validity of a conveyance executed by Dasarath, which was contested on the grounds of undue influence and lack of consideration. The conveyance, dated 16th July 1909, was found to lack actual payment of consideration at the time of transfer, although the intent for a genuine transfer was present. The District Judge considered the conveyance as potentially a gift due to the non-payment of consideration, but faced a challenge due to the requirement of attestation for deeds of gift under Section 123 of the Transfer of Property Act.Moreover, the judgment delves into the interpretation of the Transfer of Property Act, specifically addressing the definition of a sale under Section 54, which emphasizes the transfer of ownership in exchange for a price paid or promised. The court highlights that the intention of the parties in a transaction is crucial in determining the transfer of title, emphasizing that failure to pay consideration does not necessarily invalidate a conveyance unless explicitly agreed upon. The judgment cites various legal precedents to support the principle that once the title has passed to the purchaser, the vendor or their representatives may still seek recovery of the purchase-money.Ultimately, the court concludes that the conveyance in question took effect upon execution and registration, as the intention was for immediate vesting of title in the purchaser. Consequently, the plaintiff's suit for recovery of possession was rightfully dismissed, leading to the dismissal of the appeal with costs. The judgment provides a comprehensive analysis of the legal principles governing conveyances, consideration payment, and the transfer of property rights based on the intention of the parties involved in the transaction.
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