MITHILESH KUMAR versus MANOHAR LAL

MITHILESH KUMAR versus MANOHAR LAL

The agreement entered into by the respondent imposing restrictive covenants on the use of property is not compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908, since the imposed restrictions are incapable of valuation and do not constitute rights of valuation hundred rupees or more.

Parties
Appellant: Mithilesh Kumar; Respondent: Manohar Lal
Jurisdiction
India
Judgment Date
30 October 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 26.10.79 of the Allahabad High Court in S.a. No. 470 of 1972
Outcome
Appeal allowed
Legal Topics
Registration Requirement, Restrictive Covenant, Compulsory Registration, Immovable Property, Valuation of Rights
Property Law Registration Requirement Restrictive Covenant Compulsory Registration Immovable Property Valuation of Rights

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Parties

Mithilesh Kumar

Appellant

Manohar Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 26.10.79 of the Allahabad High Court in S.a. No. 470 of 1972

Legal Issues

  1. 1 Whether a self-imposed condition agreement for use of land without consideration is compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908

Ratio Decidendi

The agreement entered into by the respondent imposing restrictive covenants on the use of property is not compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908, since the imposed restrictions are incapable of valuation and do not constitute rights of valuation hundred rupees or more.

Court Disposition

Appeal allowed

Orders

  • Judgment of Allahabad High Court set aside
  • Judgment of appellate Court confirmed