SHAKEEL AHMED versus SYED AKHLAQ HUSSAIN

SHAKEEL AHMED versus SYED AKHLAQ HUSSAIN

A suit for possession and mesne profits cannot be maintained on the basis of unregistered Agreement to Sell or unregistered General Power of Attorney because such unregistered documents do not confer any right, title or interest in immovable property; therefore the decree based on those documents must be set aside and the suit dismissed.

Parties
Appellant: Shakeel Ahmed; Respondent: Syed Akhlaq Hussain
Jurisdiction
India
Judgment Date
01 November 2023
Procedural Posture
Civil Appeal / Decision by Supreme Court (judgment Allowing Appeal)
Outcome
Appeal allowed; impugned judgment set aside; suit dismissed.
Legal Topics
Unregistered Documents, Agreement to Sell, Power of Attorney, Will, Possession and Mesne Profits, Hiba (oral Gift), Prospective Application of Judgments
Property Law Registration Law Transfer of Property Unregistered Documents Agreement to Sell Power of Attorney Will Possession and Mesne Profits +2 more

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Parties

Shakeel Ahmed

Appellant

Syed Akhlaq Hussain

Respondent

Procedural Posture

Civil Appeal / Decision by Supreme Court (judgment Allowing Appeal)

Legal Issues

  1. 1 Whether title in immovable property can be transferred on the basis of an unregistered Agreement to Sell or General Power of Attorney
  2. 2 Whether a suit for possession and mesne profits is maintainable on the basis of unregistered documents (Agreement to Sell, Power of Attorney, affidavit, will)
  3. 3 Whether the Will or affidavit filed by respondent confer any title while the testator was alive

Ratio Decidendi

A suit for possession and mesne profits cannot be maintained on the basis of unregistered Agreement to Sell or unregistered General Power of Attorney because such unregistered documents do not confer any right, title or interest in immovable property; therefore the decree based on those documents must be set aside and the suit dismissed.

Court Disposition

Appeal allowed; impugned judgment set aside; suit dismissed.

Orders

  • Impugned judgment and order dated 23.08.2018 set aside
  • Suit for possession and mesne profits dismissed