NDLI: Shakeel Ahmed Vs. Syed Akhlaq Hussain

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Deeds and Documents
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: High Court whether justified in affirming the judgment of the Trial Court whereby it decreed the suit for possession and mesne profits filed by the respondent with respect to the property in question on the basis of unregistered documents namely a Power of Attorney, an agreement to sell, an affidavit and a will. Deeds and Documents– Unregistered documents – Title with respect to immovable properties, if could be transferred on the basis of unregistered documents:Held: No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General Power of Attorney – The Registration Act, 1908 clearly provides that a document which requires compulsory registration under the Act, would not confer any right, much less a legally enforceable right to approach a Court of Law on its basis – Even if the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the respondent would have acquired title over the property in question – No right, title or interest in immovable property can be conferred without a registered document – The judgment of this Court in the case of Suraj Lamps & Industries case lays down the same proposition – The embargo put on registration of documents would not override the statutory provision so as to confer title on the basis of unregistered documents w.r.t immovable property – Argument advanced on behalf of the respondent that the judgment in Suraj Lamps & Industries would be prospective is also misplaced – The requirement of compulsory registration and effect on nonregistration emanates from the Registration Act and the Transfer of Property Act – Ratio in Suraj Lamps & Industries only approves the provisions in the two enactments – Earlier judgments of this Court have taken the same view – Respondent could not have maintained the suit for possession and mesne profits against the appellant, who was admittedly in possession of the property in question whether as an owner or a licensee – Impugned judgment set aside, suit dismissed – Registration Act, 1908 – ss.17, 49 – Transfer of Property Act, 1882 – s.54.
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2023 INSC 1016
Petitioner	Shakeel Ahmed
Respondent	Syed Akhlaq Hussain
SCR	[2023] 15 S.C.R. 590
Judgement Date	2023-11-01
Case Number	1598

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