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KSHITIJ SHAILENDRA
Ramautar – Appellant
Versus
Awadhesh Narayan Singh – Respondent
JUDGMENT :
KSHITIJ SHAILENDRA, J.
The Appeal
1. These two second appeals arise out of two civil suits and two civil appeals. Original Suit No. 176 of 2012 was filed by plaintiff-appellants challenging the registered sale deed dated 16.12.2011 executed by respondent No. 1 in favour of respondent Nos. 2, 3 and 4. The other original suit being Original Suit No. 318 of 2013 was filed by the purchasers from respondent No. 4, claiming a decree for permanent prohibitory injunction. Both the aforesaid suits were decided by separate judgments dated 01.10.2021 and 22.10.2021 respectively. Two civil appeals respectively being Civil Appeal No. 8 of 2022 and Civil Appeal No. 4 of 2022 were filed by the present appellants. Both the civil appeals have been dismissed by separate judgments dated 25.07.2024.
Counsel Heard
2. I have heard Shri Akhilesh Kumar, learned counsel for the appellants in both the appeals and Shri Rahul Sripat, learned Senior Counsel assisted by Shri Ishir Sripat, learned counsel appearing through caveat for respondent No. 5 in Second Appeal No. 717 of 2024 and respondent No. 2 in Second Appeal No. 716 of 2024.
Fact of the case
3. The case of the present appellants is that one Laxmi
Possession transfer does not equate to ownership without statutory compliance; unregistered deeds for properties over Rs. 100 are invalid.
The court established that unregistered documents affecting immovable property cannot confer rights or be treated as valid sales, reinforcing the necessity of registration for such transactions under....
Unregistered sale deeds admissible for collateral purposes like possession character under Registration Act Section 49; suit for possession barred by limitation where adverse possession established f....
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.
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
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