https://www.taxtmi.com/caselaws?id=310992 An admitted registered sale deed carrying recitals of consideration was held to prevail over oral assertions that the transaction was only collateral security for a money-lending arrangement; the contrary plea failed because oral evidence could not displace the registered instrument without reliable proof of a different intention. The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act could not be invoked in the suit without proper pleadings and a legally maintainable foundation, and the civil court's jurisdiction was not displaced on the basis of a vague defence. The High Court's reliance on that statutory defence was set aside, and the decree based on the plaintiff's title was restored. en-us Thu, 04 May 2023 00:00:00 +0530 Thu, 30 Nov 2023 20:41:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310992 An admitted registered sale deed carrying recitals of consideration was held to prevail over oral assertions that the transaction was only collateral security for a money-lending arrangement; the contrary plea failed because oral evidence could not displace the registered instrument without reliable proof of a different intention. The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act could not be invoked in the suit without proper pleadings and a legally maintainable foundation, and the civil court's jurisdiction was not displaced on the basis of a vague defence. The High Court's reliance on that statutory defence was set aside, and the decree based on the plaintiff's title was restored. Case-Laws Indian Laws Thu, 04 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310992