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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, ANIL KUMAR JUKANTI,
L. Jaya Reddy and Mr. B. Aga Reddy – Appellant
Versus
Bandaru Narayana Swamy – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek specific performance of unregistered sale deeds. (Para 2 , 4 , 5 , 6) |
| 2. court highlights doubts regarding unregistered sale deeds. (Para 8 , 13 , 15 , 16 , 17) |
| 3. appellants argue trial court erred in dismissing suits. (Para 9 , 10 , 11) |
| 4. appeals dismissed; no merit found in claims. (Para 18) |
JUDGMENT :
P. SAM KOSHY, J.
1. Since the issue involved in the instant appeals is one and the same, we proceed to decide the instant appeals by way of this common judgment.
2. Appeal Suit No.451 of 2023 is filed by the appellant/plaintiff under Section 96 of the Civil Procedure Code, 1908 assailing the judgment and decree dated 05.07.2023 in O.S.No.28 of 2020 passed by the VI Additional District and Sessions Judge-cum-VI Additional Metropolitan Sessions Judge-cum-Family Court, Ranga Reddy District, at Prashanth Nagar, Kukatpally; and Appeal Suit No.453 of 2023 is filed by the appellant/plaintiff under Section 96 of the Civil Procedure Code, 1908 assailing the judgment and decree dated 05.07.2023 in O.S.No.27 of 2020 passed by the same Court (for short ‘the impugned judgments’).
3. Heard Mr.A. Venkatesh, learned Senior Counsel representing Mr. Tarun G. Reddy, learn
Unregistered sale deeds have limited legal validity and cannot establish ownership or title; the burden of proof lies with appellants to substantiate claims in specific performance suits.
An unregistered document can be admitted as evidence in a suit for specific performance to show a contract between the parties, and the plaintiff's continuous readiness and willingness to perform the....
A suit for specific performance necessitates the plaintiff's readiness to fulfill obligations, while unregistered documents cannot substantiate ownership rights unless properly admitted as evidence.
An unregistered sale deed is invalid for specific performance claims, and the burden of proof lies with the plaintiff to establish the validity of the transaction.
The main legal point established in the judgment is the applicability of registration requirements under Section 17(1A) of the Indian Registration Act, 1908 and the limitations on filing a suit for s....
An unregistered agreement to sell does not confer rights for specific performance; plaintiffs failed to show readiness and willingness to perform contractual obligations.
An unregistered Agreement for Sale cannot be enforced for specific performance under amended laws, and the plaintiff must prove continuous readiness and willingness to perform the contract.
The statutory presumption of authenticity for registered agreements mandates courts to uphold such documents unless credible evidence disproves them, especially in the absence of contest from the opp....
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