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2009 Supreme(SC) 1104

R.V.RAVEENDRAN, J.M.PANCHAL
Suraj Lamp & Industries (P) Ltd. Thru. DIR – Appellant
Versus
State of Haryana – Respondent


Judgement Key Points

Section 49 of the Registration Act, as described in the document, provides that no document which is required to be registered under section 17 shall affect any immovable property or serve as evidence of any transaction affecting such property unless it has been registered. Registration of a document serves as notice to the public that the document has been executed, thereby ensuring safety, security, and transparency in transactions related to immovable property. It helps prevent fraud and forgery, offers public exposure of the transaction, and provides essential information regarding rights, titles, and interests in the property. Registration also ensures that parties dealing with the property can rely confidently on the records maintained, which record all relevant transactions affecting the property’s title and obligations (!) (!) .


ORDER

R.V. Raveendran J.

Delay condoned. Issue notice. Petitioner to file copies of correspondence with State Information Commissioner as also its title deeds to the disputed property. As this case is a typical example of an irregular process spreading across the country, we propose to refer to some aspects of the case at this preliminary stage itself.

2. The petitioner, a company incorporated under the Companies Act, claims that one Ramnath and his family members sold two and half acres of land in Wazirabad village, Gurgoan to them by means of an agreement of sale, General Power of Attorney (for short `GPA) and a will in the year 1991 for a consideration of Rs.716,695/-. It is further alleged that the petitioner verbally agreed to sell a part of the said property measuring one acre to one Dharamvir Yadav for Rs.60 lakhs in December 1996. It is stated that the said Dharamvir Yadav, and his son Mohit Yadav (an ex MLA and Minister), instead of proceeding with the transaction with the petitioner, directly got in touch with Ramanath and his family members and in 1997 got a GPA in favour of Dharamvir Yadav in regard to the entire two and half acres executed and registered and illegally can


























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