Mere admission of signatures in unregistered document not sufficient to prove execution. Possessory rights cannot be established solely based on unregistered agreement without taking steps for registration of sale deed.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 18.01.2021 made in A.S.No.2 of 2019 on the file of the Subordinate Judge, Paramathy, reversing the judgment and decree dated 28.04.2018 made in O.S.No.64 of 2011 on the file of the District Munsif, Paramathy.)

1. Plaintiffs 2 and 3, who succeeded before the Trial Court, but, lost their case before the Appellate Court, are the appellants herein.

2. The second appeal came to be admitted on 18.03.2021 on the following substantial questions of law.

“(i) Whether the Lower Appellate Court is correct in law in brushing aside Exs.A2 to A6 – Revenue records standing in the name of the appellants which would prove the possession and enjoyment of the suit property by the appellants merely on the ground that the appellants have not executed the sale deed and therefore those documents are stands in their name when the respondents have not taken any steps to enforce Ex.B1 unregistered sale agreement and to get the sale deed in their name within the time as stipulated under Ex.B1 unregistered sale agreement or under the law?

(ii) Whether the Lower Appellate Court is correct in law in holding that the respondents are in possession of the suit property based on Ex.B1 unregistered sale agreement when no witness to the said document has been examined to prove the contents therein and in the absence of any revenue documents to prove their possession and enjoyment of the suit property?”

3. For the sake of convenience, the parties are referred to as they are arrayed in the original suit.

4. The case of the plaintiffs is as under:-

i) The suit property originally belonged to one Uruma Gounder. After his death, the said property devolved upon the first plaintiff, son of the said Uruma Gounder, plaintiffs 2 and 3 being sons of the first plaintiff and one Subramaniam, eldest son of the first plaintiff.

ii) The said Subramaniam died 7 years prior to the suit and his wife Yasodha had executed a relinquishment deed dated 10.12.2009 with respect to the suit property and other properties. Pursuant to that, the plaintiffs had been in possession and enjoyment of the suit property including the share of the said Subramaniam. The patta in respect of the suit property stands in the name of Ganesan, the first plaintiff.

iii) In the suit property, the plaintiffs had raised sugarcane crops and the crops were at the stage of harvest. Whileso, the defendants, who are neighbouring land owners, sought to purchase the suit property for a song and being frustrated by the denial by the plaintiffs, the respondents/defendants made an attempt on 17.04.2011 to interfere with the possession and enjoyment of the suit property by the plaintiffs and thereupon, the plaintiffs were constrained to file the suit seeking permanent injunction. Pending suit, on 07.06.2014 the first plaintiff died and plaintiffs 2 and 3 being his legal heirs, continued with the proceedings.

5. The third defendant filed a written statement, which was adopted by defendants 1 and 2, with the following contentions:-

i) The plaintiffs agreed to sell the suit property of 75 cents of land and another property in S.No.3/55 to the extent of 7 cents totally, 82 cents of land to the husband of the third defendant and accordingly, an unregistered sale agreement was entered into on 25.12.2000. The sale consideration was fixed as Rs.1,23,000/- viz., Rs.1500/- per cent and the said amount was paid on the same day and possession was also handed over to them. Two years was fixed as the time for execution of sale deed. From the date of said sale agreement, the defendants are in possession and enjoyment of the suit property by raising sugarcane crops and hence, the sugarcane crops available in the suit property belongs to the defendants.

ii) The plaintiffs being close relatives of the husband of the third defendant, th