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MADHYA PRADESH HIGH COURT
S. A. Bobde, J
Mohammade Yusuf v. Rajkumar
| Table of Content |
|---|
| 1. writ petition challenges trial court's order on decree admissibility. (Para 1 , 2) |
| 2. arguments on adverse possession and decree implications. (Para 3 , 4 , 12 , 13) |
| 3. observations on decree registration requirements. (Para 5 , 10 , 15) |
| 4. ratio on necessity of registration for rights created. (Para 6 , 8 , 9 , 14) |
| 5. final ruling on petition dismissal. (Para 20 , 21) |
1. This writ petition under Art.227 of the Constitution is at the instance of the defendants challenging the order of the trial court dated 7/1/2015 whereby the trial court has held that the compromise decree is not admissible in evidence for want of registration.
2. In brief, in the suit filed by the respondents plaintiffs, at the stage of examination of the defendants witness Mohd. Hafiz, the petitioner wanted to exhibit compromise decree passed in CS No. 250 - A / 1984 dated 4/10/1985 in the matter of Habib Khan v. Pradyumn and the objection was raised by the respondent plaintiffs that the decree is required to be registered u/s. 17 of the Registration Act and since it was not registered, therefore, not admissible in evidence. Trial court has allowed the objection by the impugned order.
3. Learned co
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