Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
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 -..........
Will -- Testator not an illiterate person - Testator earlier executed a registered Will - Subsequently executed unregistered Will without disclosing of earlier will - Does not hold ground...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - If an unregistered document contains two transactions, one of which is required to be effected by means of registered instrument and another transaction which is not required to be effected by any registered instrument, then said unregistered instrument can be received as evidence of that..........
Will -- Subsequent Will unregistered - Merely because subsequent Will is unregistered is not a ground in itself to discard the same - It can be given precedence over a registered will propounded earlier in time provided it is not surrounded with suspicious circumstances...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 33, 35 -- Un-registered and unstamped rent note - Certified copy of rent note obtained under RTI Act though unregistered and unstamped, could be read in evidence for collateral purposes...........
Architects Act, 1972, Section 37 -- Prohibition against use of title - S.37 of the Act does not prohibit unregistered individuals from practicing activities undertaken by architects including design, supervision and construction of buildings - It only prohibits individuals not registered with Council of Architecture from using title and style of "Architect"...........
Registration Act, 1908, Section 17, 49 -- Proviso - Unregistered agreement to sell - Suit for specific performance - Un-registered agreement to sell can be received as evidence of a contract in a suit for specific performance in view of S.49 Proviso of the Act...........
Rent and eviction -- U, registered lease agreement - Agreement was for a period exceeding one year - However, agreement being unregistered, is inadmissible in evidence - Tenant not disputed that he is occupying premises in question - A person who holds over an unregistered agreement and continues in possession has to pay monthly rent holding over as a tenant from month to..........
Stamp Act, 1899, Section 33 -- Impounding of document - U, registered agreement to sell - Can be sent for impounding as per S.33 of the Act, as mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act - Dismissal of application u/s 33 of the Act held, not proper - Trial..........
