Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the documents could only be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
Registration Act, 1908, Section 49 -- Proviso - Unregistered sale deed - Admissibility - Suit for declaration of title through adverse possession and for recovery of possession - Plaintiffs through sale deed sought to prove only possession - No other aspect arising out of said document much less title sought to be relied upon by plaintiff - Thus, unregistered sale deed..........
Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Admissibility - Held, if any person takes possession in pursuance to a contract which is required to be registered but has not been registered, the transferee has no right to remain in possession of..........
Specific Relief Act, 1963, Section 22, Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Suit for specific performance - Plaintiff is seeking possession of property by way of specific performance of agreement to sell - He is not seeking protection of..........
Agreement to sell -- Suit for specific performance on the basis of unregistered agreement to sell under which possession was delivered, is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act - S.17(1-A) Registration Act does not make such an unregistered agreement completely null and void - Such..........
Agreement to sell -- Suit for specific performance on the basis of unregistered agreement to sell under which possession was delivered, is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act - Such an agreement can be used for any purpose except for the purpose of S.53-A Transfer of Property Act...........
Registration Act, 1908, Section 17, 49 -- Receipt - Purports to be sale deed or agreement - Receipt executed neither on stamp paper nor registered - Held, receipt being unstamped and unregistered cannot be used as evidence - It cannot be used even for collateral purpose because it does not recite specifically that possession of suit land has been delivered to the..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Sale of immovable property of value less than Rs.1, 00/- - Not required to be registered - Sale of such a property is complete as soon as delivery of possession is proved either on the basis of an unregistered instrument of sale or otherwise - Where delivery of possession is established,..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
