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2011 Supreme(All) 174

PANKAJ MITHAL
RAJ BAHADUR – Appellant
Versus
BABU LAL (SINCE DECEASED) – Respondent


Advocates:
Counsel :
Divakar Rai Sharma for the Appellants; J.J. Munir for the Respondent.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Plaintiff-respondent 1st set filed a suit for permanent injunction in respect of land in dispute on the basis of an unregistered sale-deed dated 30.4.1929. The suit was decreed by the Court of first instance and the decree has been upheld in appeal also.

2. The defendant/appellants aggrieved by the decree so passed and the judgment and orders of the Courts below have preferred this second appeal.

3. The sole question of law raised in this appeal is whether a sale-deed in respect of an immoveable property of less than Rs. 100/- in value is compulsorily required to be registered so as to effect the transfer.

4. It is an admitted position that the sale-deed dated 30.4.1929 involved in the suit is an unregistered sale-deed which has been executed for a sum of Rs. 80/- only. The Courts below relying upon the sale-deed decreed the suit holding that since it seeks to transfer property of less than Rs. 100/- there is no requirement in law for its registration and that mere delivery of possession which stands proved is sufficient to constitute the sale.

5. Counsel for the parties agree for the final disposal of appeal at the admission stage as the question






























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