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1996 Supreme(P&H) 1493

SWATANTER KUMAR
Hans Raj – Appellant
Versus
Mukhtiar Singh – Respondent


Advocates Appeared:
For the Appellants :K.S. Cheema, Advocate.
For the Respondents: Parveen Kumar, Adv.

ORDER

Swatanter Kumar, J. - The controversy relating to the applicability of provisions of Section 17(2) of the Registration Act (16 of 1908) has been settled by the Honble Supreme Court of India in a very recent case of Bhoop Singh v. Ram Singh Major and others reported as, AIR 1996 Supreme Court 196. While elaborating the provisions governing the mandatory registration of decrees, settlement or orders their Lordships enumerated the law as follows :-

The legal position qua Clause (vi) of Section 17(2) can be summarised as below :-

(1) Compromise decree if bona fide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration would not require registration. In a converse situation, it would require registration.

(2) If the compromise decree were to create for the first time right, title or interest in immovable property of the value of Rs. 100/- or upwards in favour of any party to the suit, the decree or order would require registration.

(3) If the decree were not to attract any of the clauses of sub-section (1) of Section 17, it is apparent that the decree would not require registration.

(4) If the decree were not to



























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