The Court affirmed that an unregistered sale deed could not confer title and emphasized the principle that fraud on the court invalidates decrees, allowing for appeals on such bases.

JUDGMENT:

(Per the Hon’ble Sri Justice N.V. Shravan Kumar)

Mr. T.K. Sreedhar for the appellants. Mr. S. Ganesh and the learned Additional Advocate General for the respondents.

This Original Side Appeal has been filed under Clause 15 of Letters Patent aggrieved by the order and final decree dated 30.12.2011 passed by the learned Single Judge of this Court in Application No.1043 of 2011 in C.S. No.7 of 1958 on the ground that the same has been obtained by playing fraud on the Court.

2. The appellants herein submits that they are the Defendants No.4(B)(C)(F)(G) & (H) in Application No.1043 of 2011 in C.S. No.7 of 1958 and the appellants 1, 2, 4 & 5 are represented by their GPA holder Appellant No.3 vide notarised GPA.

3. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the present appeal i.e. Appellants/

Respondents and respondent/petitioner.

4. The Respondent/Petitioner has filed Application No.1043 of 2011 in C.S. No.7 of 1958 with the following prayer:

in C.S. No.7 of 1958 “Application under order 20 Rule 18 R/2 Sections 146 & 151 of CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass a final decree in respect of land admeasuring Ac.7.00 in Sy.No.57 of Shamshiguda Village, Ranga Reddy District and direct the registry to engross the same on appropriate stamp paper, as per the boundaries given in the schedule hereunder and grant such other relief as it deems fit and proper in the circumstances of the case.”

5. The learned Single Judge vide order dated 30.12.2011 allowed the application to the extent of passing final decree only. Assailing the same, the appellants/respondents filed the present appeal on the following grounds:

“1. This application is filed against the order passed in Application 1043 of 2011 in C.S.No.7 of 1958 for passing the Final Decree in favour of Sri. B.Subba Rao, S/o Late B. Appa Rao, on the basis of Unregistered Sale Deed dated 23/2/1982 said to have been executed by Defendant No. 2,3,7,8,10,11,12,14,15,17,19 & 20 in C.S.No.7 of 1958 for an extent of Ac.7-00 of land in Sy.No.57 of Shamshiguda Village, item No.252 of Schedule ‘A’ attached to preliminary decree in C.S.No.7 of 1958, and the Hon'ble Court was pleased to pass an order on 30th December 2011, and the same is assailed on the following grounds:

2. That the Appellant submits that the order dated 02/12/2011 passed in Application No.1043 of 2011 is illegal void and contrary to the principles of law and ex facie fraudulent. in C.S. No.7 of 1958

3. That the Appellant submits that the Final Decree is passed on a false affidavit showing an unregistered Sale Deed dated 23/2/1982 and there is no mention of validation of the said unregistered Sale Deed, dated 23/2/1982 and any validation cannot be a basis for Title and unregistered Sale Deed does not confer Title and it is nothing but a paper transaction without creating any rights as per Laxman Das Vs. Ramlal 1989 (3) SCC 99.

4. The Appellant submits that unregistered document is inadmissible and hit by section 17 of the Registration Act, 1908 and the same is illegal and it prohibits the user of the documents for establishing any rights, Title or interest for any immovable property as per Umde Bhojram vs Wadla Gangadhar 2004 (2) ALD 339-2004 (2) ALT 367-2004 (1) LS 415-2004 (2) APLJ 200(HC)= 2004 (2) ICC 800 (A.P) = 2004 (3) CCC 193(A.P) See also (1) G.Lalitha Kumari vs B. Neela Kantham 2004 (2) ALD 315= 2004 (1) LS 326 = 2004 (1) An W.R.378 (A.P) =2004 (2) ICC 776 A.P. Korukonda Chalapathi vs Korukonda Annapurna Sampath Kumar 2021 (SCC) on L