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ANAND PATHAK
Brijkishore Agarwal – Appellant
Versus
Dinesh Agarwal – Respondent
Headnote: Read headnote
ORDER
1. The present petition is preferred under Article 227 of the Constitution of India taking exception to the order dated 12.3.2022 passed by First Civil Judge, Class-II Dabra, District Gwalior in Lok Adalat in which settlement reached between the parties has been reflected in compromise decree and it has been observed that compromise decree would come into effect after requisite registration.
2. It is the submission of learned counsel for petitioner that a suit was filed by the petitioner against the defendants/respondents No. 1 to 3 for declaration to the effect that suit property is under the right, title and interest of the petitioner. Defendants appeared and raised their intention for settlement of the case. Resultantly, an application under Order 23 Rule 3 CPC was preferred by the parties and matter was placed in Lok Adalat before the trial Court.
3. On due consideration, looking to the intention of the parties as reflected in application under Order 23 rule 3 CPC
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration. ....
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
A compromise decree that creates new rights in immovable property valued at Rs. 100 or more is compulsorily registrable under Section 17(1) of the Registration Act, 1908.
The main legal point established is that decrees, if declaratory in nature and not involving any land other than the suit land, may not be compulsorily registrable under Section 17(2)(vi) of the Regi....
The main legal point established in the judgment is that an agreement of sale which does not create interest in immovable property is not prohibited from registration under Section 22-A of the Regist....
(1) Agreement to sell does not confer any title or ownership qua immovable property in favour of a person.
(2) Agreement to sell does not confer any title or ownership qua immovable property in fa....
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