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KHATIM REZA
Putul Devi – Appellant
Versus
Bimal Kumar Sah – Respondent
Khatim Reza, J.—Heard Mr. Waliur Rahman, learned counsel assisted by Mr. Rajesh Kumar, learned counsel for the appellants and Mr. Nand Kishore Prasad Sinha, learned counsel for the respondent.
2. This Second Appeal has been preferred by the defendant-appellant against the judgment and decree dated 19.04.2017 passed in Title Appeal No. 85 of 2014 by the Court of the learned 1st Additional District Judge, Naugachia (Bhagalpur), whereby the judgment and decree dated 11.03.2014 passed in Title Suit No. 39 of 2008 by the learned Sub Judge 1st, Naugachia (Bhagalpur), has been reversed.
3. At the time of admission of the present appeal under Order XLI, Rule 11 of the Code of Civil Procedure, the following substantial question(s) of law were formulated for determination:—
“(I) Whether the judgment and decree of learned lower appellate court is legally sustainable in view of the fact that the plaintiff himself stated in his plaint that after unregistered agreement for sale dated 02.11.2007, also delivery the possession of suit land to him?
II. Whether the suit of the plaintiff is not hit by the provisions of Section 53-A of the TP Act and Section 17(1-A) of the Registration Act?
III. Whether unr
Unregistered agreements for sale are invalid for enforcement; payment of stamp duty does not cure the non-registration defect under the Registration Act.
Payment of stamp duty does not validate unregistered sale agreements for enforcement; compulsory registration is required under Section 17(1-A) of the Registration Act.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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