Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Registration Act, 1908, Section 17 -- Registration - Partition list requires compulsory registration as per law - Said document having not been registered, no right would flow under said document in favour of party...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Registration Act, 1908, Section 17 -- U, registered receipts and documents varying the terms of original agreement to sell, were not the documents received in evidence for collateral purpose - Said documents were direct evidence evidencing variation of contract of a registered document cannot be varied by unregistered document executed in future...........
Registration Act, 1908, Section 17, 49 -- U, registered document - Can be received in evidence for collateral purpose...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Will -- Due execution - Will not required to be got scribed from a professional scribe or it is not required to be registered, as Will is a document which is to be executed as per wishes of testator...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession of predecessor-i, interest of plaintiff is proved from previous judgment passed in their favour - Predecessor-i, interest of plaintiff thereafter sold the property to plaintiff vide registered sale deed - It is specifically recorded in sale deed that possession has been delivered to plaintiff - Sale..........
Registration Act, 1908, Section 34, 35, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Once sale deed is registered, Registrar has no authority to cancel the registration of sale deed - Moreover, as per S.31 of Specific Relief Act, it is only the Court which has power to cancel an instrument - Unless and until there is provision in Registration Act or..........
