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ANIL KSHETARPAL
Ludhiana Crucibble & Cupala Association – Appellant
Versus
Om Parkash – Respondent
JUDGMENT
Anil Kshetarpal, J.
The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Section 41 of the Punjab Courts Act, 1918 and not by section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.
2. This is the plaintiff's regular second appeal against the judgment and decree passed by the First Appellate Court, which, in turn, has reversed the judgment passed by the Trial Court.
3. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. Sh. Husan Lal, who died on 05.02.1975, was the owner of an industrial plot No. 365. He left behind his widow, namely Smt. Shanti Devi, who inherited his property. Dass Mal, Om Parkash and Smt. Vidya Devi, who claimed themselves to be the brothers and sister of late Sh.Husan Lal, filed a suit for declaration asserting that Smt. Shanti Devi is now his widow, who was otherwise residing with him as a friend. The aforesaid suit was dismissed on 23.08.1976 on the basis of statement given by Om Parkash. Smt. Shanti Devi agr
The court clarified that a registered document operates from its execution date, and delays in registration due to court orders do not invalidate the document.
Possession transfer does not equate to ownership without statutory compliance; unregistered deeds for properties over Rs. 100 are invalid.
The burden of proof rests on the plaintiff to demonstrate ownership through valid sale documents, emphasizing the execution date over registration date for property law.
The legal significance of registered documents under the Registration Act and the Transfer of Property Act, and the inability of an unregistered deed to confer a valid title.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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