NDLI: S. Kuldeep Singh & Anr Vs. S. Prithpal Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Jammu & Kashmir Agrarian Reforms Act 1972
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Jammu & Kashmir Agrarian Reforms Act, 1972 – s. 2(4), 2(6), 2(7) and 50 – Kashmir Agrarian Reforms Rules, 1973 – r. 5 – Jammu & Kashmir Agrarian Reforms (Suspension of Operations Act), 1975 – Jammu & Kashmir Agrarian Reforms Act, 1976 – Registration Act, 1977 – s. 17 – Jammu & Kashmir Transfer of Property Act – s. 138 – Suit for declaration and possession – The Suit was filed for declaration and possession by the respondent-plaintiff who was the adopted son of one ‘SS’ (who was the owner of property is in dispute) – Respondent claimed that he received gifts of land in his favour from SS – He supported his claim by producing a compromise deed dated 18.12.1975 in between himself and one ‘AJK’ (tenant) on which there was a thumb impression of SS endorsing the instrument – Deputy commissioner (DC) passed an order recording the compromise on 24.12.1975 – The appellant contended that they are in possession of the land – The District judge passed decree in favour of plaintiff-respondent, the finding was primarily based on compromise deed – The first appeal by the appellants herein was dismissed – The LPA preferred by the appellants was dismissed – Appellants approached the Supreme Court and contended that the compromise does not confer any title on the respondent and that such an instrument requires compulsory registration as per s. 17 of 1977 Act and further, that in terms of Section 3 of the Suspension Act, 1975, the operation of the concerned provisions and all proceedings thereunder 1972 Act remained in suspension until 30.3.1976 and therefore 18.12.1975 compromise and the DC’s order dated 24.12.1975 for correction of revenue records based on the compromise are non-est – Held: With his endorsement on the compromise, SS intended to give the right of personal cultivation but the same does not in any manner suggest that SS had intended to confer title on the respondent – The compromise cannot be treated as a family arrangement – Furthermore, the compromise and the DC’s consequent Order, was passed in a revenue proceeding thus the compromise did not fall under the exception category under Section 17(2)(vi) of – Thus, compromise in order to have legal effect needed registration under the Registration Act, 1977 – The DC lacked inherent jurisdiction to either entertain the appeal or endorse the compromise during the suspended phase – Any order or decree so passed through such unlawful exercise of power, will be a legal nullity – Decree in favour of respondent (plaintiff) set aside.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2022 INSC 781
Petitioner	S. Kuldeep Singh & Anr
Respondent	S. Prithpal Singh
SCR	[2022] 13 S.C.R. 100
Judgement Date	2022-08-02
Case Number	81

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S. Kuldeep Singh & Anr Vs. S. Prithpal Singh

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