MOHAMMADE YUSUF & ORS. versus RAJKUMAR & ORS.

MOHAMMADE YUSUF & ORS. versus RAJKUMAR & ORS.

The compromise decree dated 04.10.1985 did not require registration because it dealt with property that was the subject-matter of the suit and therefore fell within the main exception of Section 17(2)(vi) (that any decree or order of a Court is not required to be registered); consequently the orders holding it registrable were set aside and the decree was directed to be exhibited in the trial court.

Parties
Appellant: Mohammade Yusuf & Ors.; Respondent: Rajkumar & Ors.
Jurisdiction
India
Judgment Date
05 February 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Registration of Instruments, Compromise Decree, Admissibility of Evidence, Adverse Possession, Section 17 Registration Act
Registration Act, 1908 Indian Stamp Act, 1899 Property Law Civil Procedure Registration of Instruments Compromise Decree Admissibility of Evidence Adverse Possession +1 more

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Parties

Mohammade Yusuf & Ors.

Appellant

Rajkumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the compromise decree dated 04.10.1985 required registration under Section 17 of the Registration Act, 1908
  2. 2 Whether an unregistered compromise decree is admissible in evidence in the trial between the parties

Ratio Decidendi

The compromise decree dated 04.10.1985 did not require registration because it dealt with property that was the subject-matter of the suit and therefore fell within the main exception of Section 17(2)(vi) (that any decree or order of a Court is not required to be registered); consequently the orders holding it registrable were set aside and the decree was directed to be exhibited in the trial court.

Court Disposition

Appeal allowed

Orders

  • Order of the Civil Judge dated 07.01.2015 set aside
  • Judgment of the High Court dated 13.02.2017 set aside