High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Divorce Cannot Be Granted Merely on WhatsApp Chats: Bombay High Court Sets Aside Ex-Parte Decree Based on Unproved Electronic Evidence State Cannot Demand Settlement Amount Yet Withhold Legitimate Refund: Bombay High Court Strikes Down MVAT Settlement Order Surveyor’s Report Is Not Sacrosanct; Arbitral Award Ignoring Vital Evidence Is Perverse: Delhi High Court Sets Aside Insurance Arbitration Award When Victim Lives Under Exclusive Control Of Accused, Burden Shifts To Accused To Explain What Happened: Calcutta High Court Medical Evidence Clearly Indicating Suicide Cannot Be Overlooked, Prosecution Must Prove Homicidal Death Beyond Reasonable Doubt: Andhra Pradesh High Court 'Candidates Acted With Full Knowledge of Consequences': Kerala High Court Reverses Order for Refund of 10% Exit Fee in Medical PG Mop-Up Admissions Dispensing with Departmental Inquiry Without Material is Arbitrary: Supreme Court Sets Aside Dismissal of Delhi Police Constable Power Of Attorney Holder Authorized To Enforce Pre-Emption Right Can File Suit, Death Of Principal Does Not Bar Legal Heirs: Orissa High Court Government Servant Convicted In Criminal Case Can Be Dismissed Without Departmental Enquiry: Tripura High Court Upholds Teacher’s Dismissal RTI Cannot Be Used To Bypass Statutory Bar On Police Case Diaries: Punjab & Haryana High Court Sets Aside Penalty Against Police Officers Externment Cannot Be Based On Police Report And Stale Cases: Madhya Pradesh High Court Quashes District Magistrate’s Order Even Exonerated Accused Can Be Summoned During Trial: Punjab & Haryana High Court Upholds Summoning Under Section 358 BNSS Benefit of Doubt Acquittal Not Equal to Honourable Acquittal: Supreme Court Upholds Rejection of Police Constable Candidate Madras High Court Allows NEET-Failed Student To Appear In CBSE Class XII Mathematics Exam After Last-Minute Subject Switch By Parents Salary of Parents Cannot Be Used to Deny OBC Non-Creamy Layer Status in Absence of Post Equivalence: Supreme Court Father Who Rapes Minor Daughter Cannot Seek Leniency: Bombay High Court Upholds Life Imprisonment Construction Of Toilet Is Bare Necessity For Proper Use Of Premises, Expression "Own Use" Not Confined To Landlord's Personal Physical Use: Calcutta High Court 353 IPC | Conviction Cannot Rest On Uncorroborated Testimony Of Sole Witness When Other Evidence Contradicts Occurrence: Delhi High Court Upholds Acquittal 250 BNSS | 60-Day Discharge Period Is Procedural, Does Not Extinguish Accused's Right To Seek Discharge: Gujarat High Court Section 45 PMLA Cannot Become an Instrument of Endless Incarceration: Himachal Pradesh High Court Grants Bail in ₹18 Crore Scholarship Scam Case Land Acquisition — Heirs Who Slept on Rights for 23 Years Cannot Claim Ignorance to Revive Dead Challenge: Karnataka High Court Institutional Hearing Is No Violation of Natural Justice: Kerala High Court Upholds BPCL’s Termination of Decades-Old Petroleum Dealership Witnesses Not Expected To Recount Past Incidents With Mathematical Precision, Minor Contradictions Don't Demolish Credibility: Orissa High Court If a Suit Is Ex Facie Barred by Limitation, the Court Has No Choice but to Dismiss It: P&H High Court

Unregistered agreement cannot be used as evidence to protect possession of immovable property: J&K High Court

07 May 2024 8:19 AM

By: Admin


On 20 April 2023 , In a recent judgement Surinder Partap Singh and another Versus Vijay Kumar and others, the Jammu & Kashmir High Court has ruled that an unregistered agreement to sell cannot be used as evidence to protect possession of immovable property.

The petitioners had filed a suit for permanent prohibitory injunction against the respondents in respect of land measuring 24 kanals 5 marlas in the village of Kathlai, District Samba. They claimed that they had entered into an agreement to sell with the respondents on October 17, 2018, and had paid an amount of Rs. 3.00 lacs to respondent No. 3, who was the attorney holder of the other respondents. They also claimed that the possession of the land was delivered to them. However, the respondents denied that they had executed any power of attorney in favour of respondent No. 3 and stated that the agreement to sell was unregistered and insufficiently stamped.

The trial court had passed an ex parte interim order restraining the parties from dispossessing each other from the suit property. However, the appellate court had allowed the appeal of respondent Nos. 1 & 2 and set aside the order of the trial court, stating that the unregistered agreement to sell could not be used by the petitioners to protect their possession.

The Jammu & Kashmir High Court upheld the decision of the appellate court, stating that under section 49 of the Registration Act, 1977, an unregistered document cannot affect any immovable property comprised therein. The court held that the petitioners had no prima facie case in their favour as they had based their suit on the basis of an unregistered and insufficiently stamped instrument, which under law does not affect such immovable property.

The court also cited the precedent set in Kashi Math Samsthan v. Shrimad Sudhindra Thirtha Swamy, 2010 AIR (SC) 296, which stated that a party seeking an order of injunction must prove a prima facie case to go for trial. If a party fails to prove a prima facie case to go for trial, it is not open to the court to grant injunction in their favour, even if they have made out a case of balance of convenience being in their favour and would suffer irreparable loss and injury if no injunction order is granted.

Jammu & Kashmir High Court ruled that the unregistered agreement to sell could not be used as evidence to protect the possession of immovable property, and dismissed the petition for permanent prohibitory injunction filed by the petitioners.

        Surinder Partap Singh and another Versus Vijay Kumar and others

        [gview file="https://lawyer-e-news.com/wp-content/uploads/2023/04/20-April-2023-Surinder-Partap-Singh-and-another-Versus-Vijay-Kumar-and-others.pdf"]

Latest Legal News