Patta Without SDM’s Prior Approval Is Void Ab Initio And Cannot Be Cancelled – It Never Legally Existed: Allahabad High Court Natural Guardian Means Legal Guardian: Custody Cannot Be Denied to Father Without Strong Reason: Orissa High Court Slams Family Court for Technical Rejection Affidavit Is Not a Caste Certificate: Madhya Pradesh High Court Sets Aside Zila Panchayat Member's Election for Failing Eligibility Under OBC Quota Confession Recorded By DCP Is Legally Valid Under KCOCA – Bengaluru DCP Holds Rank Equivalent To SP: Karnataka High Court Difference of Opinion Cannot End in Death: Jharkhand High Court Commutes Death Sentence in Maoist Ambush Killing SP Pakur and Five Policemen Mere Presence Of Beneficiary During Execution Does Not Cast Suspicion On Will: Delhi High Court Litigants Have No Right to Choose the Bench: Bombay High Court Rules Rule 3A Is Mandatory, Sends Writ to Kolhapur Testimony Must Be of Sterling Quality: Himachal Pradesh High Court Acquits Grandfather in Rape Case, Citing Unnatural Conduct and Infirm Evidence Cheating and Forgery Taint Even Legal Funds: No Safe Haven in Law for Laundered Money: Bombay High Court Final Maintenance Is Not Bound by Interim Orders – Section 125 Determination Must Be Based on Real Evidence: Delhi High Court Contempt | Power to Punish Carries Within It the Power to Forgive: Supreme Court Sets Aside Jail Term for Director Who Criticised Judges Over Stray Dog Orders Seizure and Attachment Are Not Twins: Supreme Court Holds Police Can Freeze Bank Accounts in PC Act Cases Using CrPC Section 102 IBC | Pre-Existing Dispute Must Be Real, Not Moonshine: Supreme Court Restores Insolvency Proceedings, Says Admission Cannot Be Rejected Based on Spurious Defence Summons Under FEMA Are Civil in Nature – Section 160 CrPC Has No Role to Play: Delhi High Court Denies Exemption to Woman Petitioner from Personal Appearance Before ED Clear Admission in Ledger Is Sufficient for Summary Judgment: Delhi High Court Decrees ₹16.77 Cr in Favour of MSME Supplier Mere Allegation Under SC/ST Act Doesn’t Bar Bail When No Public Abuse Is Made Out: Karnataka High Court Grants Anticipatory Bail in Caste Atrocity Case Consent Of Girl Aged Above 16 Is Legally Valid Under Pre-2013 Law: Karnataka High Court Sets Aside Rape Conviction Insurer Entitled to Recover Compensation from Owner When Driver Has No Licence or Fake Licence: Punjab & Haryana High Court Applies ‘Pay and Recover’ Doctrine Courts Cannot Rewrite Contracts Where Parties Have Failed to Clearly Define Property Terms: Punjab & Haryana High Court Dismisses Appeal in Specific Performance Suit Even Illegal Appointments Cannot Be Cancelled Without Hearing: Patna High Court Quashes Mass Termination Of Absorbed University Staff Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’

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