Priority of Registered Sale Deed over Unregistered Agreement in Property Dispute – Rejects Review Petition on Grounds of Limitation and Merit: Delhi High Court

In a significant ruling, the Delhi High Court dismissed a review petition filed by appellant Imran Jamali, in the case titled Imran Jamali vs. Insha Khanam (Review Pet. 328/2023, CM APPLs. 60749/2023 & 60750/2023 in RFA 163/2022), on grounds of both limitation and merit. The Court emphasized the primacy of a registered sale deed over an unregistered agreement to sell in property transactions.

Justice V. Kameswar Rao, presiding over the matter, observed that the appellant’s contention regarding the discretionary nature of Order XII Rule 6 CPC and the need for clear and complete admission for judgment under it, was not tenable in the present case. The Court notably stated, “No interest has been passed in favour of the appellant / defendant with regard to the suit property,” underscoring the legal superiority of a registered sale deed over an unregistered agreement.

The review petition challenged the Court’s earlier order dated April 22, 2022, which had dismissed the appellant’s first appeal. The appellant sought to review this decision, arguing that the Court had not considered relevant Supreme Court judgments while making its decision. However, the Court found these submissions unconvincing.

Additionally, the Court noted the substantial delay of 441 days in filing the review petition. The appellant had attributed this delay to the filing of an application under Order XXI Rule 29 of the CPC in the execution proceedings. However, Justice Rao clarified that such proceedings could not justify the delay in challenging the primary order of April 22, 2022.

Date of Decision: November 29, 2023

IMRAN JAMALI VS INSHA KHANAM