PHOOL PATTI AND ANR versus RAM SINGH (DEAD) THROUGH LRS. & ANR.

PHOOL PATTI AND ANR versus RAM SINGH (DEAD) THROUGH LRS. & ANR.

There is inconsistency between the Supreme Court's interpretation in K. Raghunandan's and Bhoop Singh's cases regarding exception in clause (vi) of Section 17(2) Registration Act, 1908; the matter requires consideration by a larger Bench.

Parties
Appellant: Phool Patti; Respondent: Ram Singh (dead) through LRs.
Jurisdiction
India
Judgment Date
31 March 2009
Procedural Posture
Civil Appeal / Reference to Larger Bench
Outcome
Reference to Larger Bench
Legal Topics
Registration of Documents, Consent Decree, Collusive Decree, Interpretation of Statutes
Property Law Civil Procedure Registration of Documents Consent Decree Collusive Decree Interpretation of Statutes

Case Brief

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Parties

Phool Patti

Appellant

Ram Singh (dead) through LRs.

Respondent

Procedural Posture

Civil Appeal / Reference to Larger Bench

Legal Issues

  1. 1 Whether the consent decree dated 24.11.1980 was collusive and liable to be set aside
  2. 2 Interpretation of exception in clause (vi) of Section 17(2) of the Registration Act, 1908 regarding registration requirements

Ratio Decidendi

There is inconsistency between the Supreme Court's interpretation in K. Raghunandan's and Bhoop Singh's cases regarding exception in clause (vi) of Section 17(2) Registration Act, 1908; the matter requires consideration by a larger Bench.

Court Disposition

Reference to Larger Bench

Orders

  • Matter referred to Hon'ble Chief Justice of India for constituting a larger Bench to interpret exception in clause (vi) of Section 17(2) of Registration Act