Deeds and Documents– Unregistered documents – Title with respect to immovable properties, if could be transferred on the basis of unregistered documents:
Held: No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General Power of Attorney – The Registration Act, 1908 clearly provides that a document which requires compulsory registration under the Act, would not confer any right, much less a legally enforceable right to approach a Court of Law on its basis – Even if the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the respondent would have acquired title over the property in question – No right, title or interest in immovable property can be conferred without a registered document – The judgment of this Court in the case of Suraj Lamps & Industries case lays down the same proposition – The embargo put on registration of documents would not override the statutory provision so as to confer title on the basis of unregistered documents w.r.t immovable property – Argument advanced on behalf of the respondent that the judgment in Suraj Lamps & Industries would be prospective is also misplaced – The requirement of compulsory registration and effect on nonregistration emanates from the Registration Act and the Transfer of Property Act – Ratio in Suraj Lamps & Industries only approves the provisions in the two enactments – Earlier judgments of this Court have taken the same view – Respondent could not have maintained the suit for possession and mesne profits against the appellant, who was admittedly in possession of the property in question whether as an owner or a licensee – Impugned judgment set aside, suit dismissed – Registration Act, 1908 – ss.17, 49 – Transfer of Property Act, 1882 – s.54.
LIST OF CITATIONS AND OTHER REFERENCES
Suraj Lamps & Industries Pvt. Ltd. Vs. State of Haryana and Anr 183 (2011) DLT 1 (SC); Ameer Minhaj Vs. Deirdre Elizabeth (Wright) Issar and Others (2018) 7 SCC 639 : [2018] 5 SCR 173; Balram Singh Vs. Kelo Devi Civil Appeal No. 6733 of 2022; M/S Paul Rubber Industries Private Limited Vs. Amit Chand Mitra & Anr SLP (C) No. 15774 of 2022 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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