Registration Act, 1908, Section 49 -- Proviso - Scope - S.49 Proviso of the Act can only be invoked in cases of suit filed for specific performance and not in the suit in nature of declaration, permanent injunction and cancellation of sale deed, as same is not a collateral transaction...........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason - If he refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same with an endorsement on the document that registration has been refused -..........
Registration Act, 1908, Section 71 -- Refusal to register document - Mere dispute of title would not ordinarily constitute a reason for refusal to register the sale deed, but however, document may be refused to be registered in certain circumstances such as if same is against public policy...........
Registration Act, 1908, Section 71 -- Refusal to register document - In case of refusal to register a document, appropriate endorsement is required to be made on sale deed...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance consideration has to be done only at the time of registration of sale deed - Admittedly, no steps were taken for registration of sale deeds - Finding of High Court that plaintiffs were not ready and willing to perform their part of contract by not paying balance consideration..........
Registration Act, 1908, Section 72 -- Sale deed - Refusal to register - Sub-registrar collected fee and validated document - Once document is made valid, it is not open for respondents to declare validated document as a document without having force of law and rejection to register document by referring to validated document ex facie illegal - Order of refusal to register..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Registration Act, 1908, Section 17, 49 -- Sale deed - Un-registered - Un-registered sale deed cannot be admitted in evidence, as plaintiff claims title on that basis - Said document even cannot be looked into for any collateral purpose as it is neither stamped nor registered...........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
