Search Results for "unregistered document"

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Search Results for "unregistered document"

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High Court

Madras High Court Allows Revision Petition in Execution Proceedings — Unregistered Sale Deed Admissible for Collateral Purpose to Prove Possession Under Order XXI Rule 97 CPC. The court held that an unregistered document can be admitted to prove the character of possession, even if not admissible for title, and directed the trial court to receive the documents subject to payment of stamp duty and penalty.

6 Feb 2026

The revision petitioner, T. Shanmuga Bharathivel, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Will and Adverse Possession. The court held that the document dated 24.10.1960 was a Will and not a settlement deed, and that the appellant failed to prove adverse possession.

10 Oct 2025

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 30....

High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Unregistered Agreement for Sale Can Confer Lawful Possession Entitled to Injunctive Protection. The Court held that possession under an unregistered agreement for sale is lawful and protectable, and the appellate court erred in reversing the trial court's discretionary order by misapplying Section 49 of the Registration Act, 1908 and the ratio in Suraj Lamp.

13 Mar 2025

The petitioner, Annappa Maruti Zalke, filed a suit for specific performance of an agreement for sale dated 11th May 2002 and for an injunction restrai...

High Court

Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

23 Apr 2024

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Allows Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

High Court

High Court Quashes Trial Court Order Allowing Recall of Plaintiff in Will Dispute — Failure to Consider Evidence and Non-Compliance with Order 18 Rule 17 CPC. Court holds that recalling a witness for further examination is not permissible after the plaintiff's evidence is closed and the suit is posted for judgment, as it would cause prejudice to the other side.

21 Oct 2020

The petitioner, Smt. Gangamma, filed a suit for declaration and injunction based on a registered Will executed by her father Thimmanna. The suit was f...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Possession in Property Dispute — Unregistered Agreements for Sale of Tenanted Premises Held Invalid for Want of Registration Under Section 17 of the Registration Act, 1908. The court held that unregistered conveyances do not confer title and cannot be used to claim possession against tenants.

8 Apr 2015

The plaintiff, Parwan Construction Pvt. Ltd., filed a suit for possession of Unit No.1C admeasuring 976 sq. ft. against the defendants, claiming owner...

High Court

Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

26 Nov 2012

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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