PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Muruganandam – Appellant
Versus
Muniyandi (Died) Through Lrs. – Respondent
ORDER
1. Leave granted.
2. This appeal is against the order passed by the High Court of Judicature at Madras in CRP.PD. No. 2828 of 2015 dated 26.02.2021, whereby the High Court dismissed the Civil Revision Petition filed against the order passed by the Trial Court on 21.04.2015 dismissing the interlocutory application filed by the appellant seeking permission to place on record a document dated 01.01.2000.
3. Short facts leading to the filing of this appeal are as follows. It is the case of the appellant that on the basis of an agreement of sale dated 01.01.2000, the respondent agreed to sell his property upon receiving part consideration of Rs. 5000/- and also put the appellant in possession of the property. Subsequently, i.e. on 01.09.2002, it is alleged by the appellant that the parties have agreed that the property should be sold at the rate of Rs. 550 per cent and in furtherance of the said transaction the appellant also paid a sum of Rs. 10,000/- and is said to have paid balance consideration from time to time. However, as the respondent was not taking any steps for executing the sale deed, he was compelled to institute a suit [O.S. No. 78 of 2012 before the District Munsiff Co
An unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance.
An unregistered sale deed cannot be admitted as evidence for ownership in a declaration suit, violating statutory provisions of the Registration Act and Transfer of Property Act.
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
A suit for specific performance necessitates the plaintiff's readiness to fulfill obligations, while unregistered documents cannot substantiate ownership rights unless properly admitted as evidence.
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.