Section 9 A&C Act Relief Available Until Award Is Actually Enforced, Even After It Becomes Enforceable: Telangana High Court Matrimonial Litigations Must Not Degenerate Into Contests Of Mutual Humiliation By Weaponising Private Images: Delhi High Court Unarmed Witnesses’ Inaction Against Armed Assailants Justified By Instinct Of Self-Preservation; Testimony Cannot Be Discarded: Allahabad High Court Ocular Evidence Outweighs Motive: Andhra Pradesh High Court Upholds Murder Conviction Based On Reliable Eyewitness Testimony Arrest Illegal If Written 'Grounds Of Arrest' Not Furnished To Accused; Communication Of Mere 'Reasons' Insufficient: Bombay High Court Absence Of Territorial Jurisdiction No Ground To Quash FIR At Threshold If Allegations Disclose Cognizable Offence: Calcutta High Court Proof Of Demand Is Sine Qua Non For PC Act Conviction; Voice Recordings Inadmissible Without Sec 65-B Certificate: Chhattisgarh HC Section 91 IEA | Disposition Of Immovable Property Cannot Be Proved By Oral Evidence If Written Document Not Produced: Delhi High Court NRC Legacy Data Extracts Inadmissible Without Section 65B Certificate; PAN Card & EPIC Not Proof Of Citizenship: Gauhati High Court Testimony Of Injured Witness Entitled To Great Weight; Minor Contradictions Due To Lapse Of Memory Cannot Discard Prosecution Case: Himachal Pradesh High Court Section 164 CrPC Statement Recorded Without Procedural Safeguards Or 'Cooling-Off' Period Not A Valid Confession: Jharkhand High Court Anticipatory Bail Cannot Be Denied Merely Because Investigation Is At A Nascent Stage If Custodial Interrogation Is Not Indispensable: Telangana High Court Actual Pay Drawn During Last 10 Months Must Be Basis For Pension Calculation, Regardless Of Notional Pay In Parent Bank: Punjab & Haryana High Court Kerala High Court Remands Teacher Seniority Dispute For Fresh Consideration To Verify If Senior Teacher Relinquished Promotion Claim Receipt Of DNA Report After Testimony Doesn't Automatically Confer Right To Recall Witness For Further Cross-Examination: Madhya Pradesh High Court Possession Of 'Bhang' Not An Offence Under NDPS Act, Specific Definition Excludes It: Jharkhand High Court Acquits Man Trial Court Cannot Reject Request For Handwriting Expert Merely Because Signatures Are On Photocopies: Punjab & Haryana 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