Partnership Act, 1932, Section 69(2) -- Suit by unregistered firm - Suit by unregistered firm in respect of statutory right or a common law right is not barred u/s 69(2) of the Act. 1998(2) Apex Court Journal 526 (S.C.), 2000(1) Apex Court Journal 373 (S.C.), 2007(1) Apex Court Judgments 340 (S.C.) : 2007(1) Civil Court Cases 487 (S.C.) followed...........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped document - Release deed sought to be produced in evidence is unregistered and unstamped - Said document is not a record of a past oral transaction or a previous decision of Panchayat - Release deed rightly rejected for want of stamping and registration...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Unregistered document to prove title - The purpose for which document is relied upon is not for collateral purpose but to prove the transaction on the basis of which plaintiff tries to establish his title - Rejection of application calls for no interference...........
Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Family settlement -- Unregistered and unstamped document - Family settlement refers to arrangement allegedly which parties made in the past - Document does not purport to by itself create, declare, assign, extinguish or limit right in properties - Family settlement thus, not required registration and not required to be stamped...........
Registration Act, 1908, Section 17, 49 -- Unregistered document which is compulsory registrable, even if it is property stamped, does not affect any immoveable property comprised therein...........
Registration Act, 1908, Section 17, 49 -- Unregistered and insufficiently stamped document which is compulsory registrable - Document validated by payment of deficit stamp duty and penalty - Defect of document being insufficiently stamped is cured but defect of document being unregistered is not cured - Such document cannot have any affect on immoveable property comprised..........
