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PRASHANT KUMAR MISHRA
Mettu Hanimi Reddy S/o. Appireddy – Appellant
Versus
Mettu Govindareddy S/o. Appireddy – Respondent
ORDER :
Challenge in this civil revision petition is to the docket order dated 23.07.2012 passed in O.S.No.146 of 2007 by the learned V Additional District & Sessions Judge (FTC), Guntur, whereby the objection raised by the petitioner herein/plaintiff in the suit regarding admissibility of compromise decree dated 21.12.1944 passed in O.S.No.267 of 1944 on the file of District Munsif Court, Guntur, in evidence in the present suit, on the ground that it was not registered, was rejected and the said compromise decree was admitted in evidence.
2. The objection as to the admissibility of compromise decree dated 21.12.1944 in O.S.No.267 of 1944 appears to have been raised on the ground that the said compromise decree comprises property other than that which is the subject matter of the suit, and thus, in terms of Section 17(2)(vi) of the Registration Act, 1908 (for short, ‘the Act of 1908’), the said compromise decree is compulsorily registerable and without registration, the said decree is not admissible in evidence and cannot be marked as an exhibit.
3. Mr. P. Girish Kumar, learned Senior Counsel appearing for the petitioner/plaintiff, would draw the attention of this Court to the suit sc
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration.
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
The main legal point established in the judgment is the requirement of registration for documents creating or extinguishing rights, as well as the prohibition of agreements against public policy.
A compromise decree that creates new rights in immovable property valued at Rs. 100 or more is compulsorily registrable under Section 17(1) of the Registration Act, 1908.
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