NDLI: Mohammade Yusuf & Ors. Vs. Rajkumar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Registration Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Stamp Act, 1899 (2 of 1899) Registration Act, 1908 (16 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Registration Act, 1908 – s. 17 – Compromise decree – If requires registration – Suit filed in 1984, by appellant’s father inter alia for declaration in respect of a 7 biswa area of survey no. 203 which was attached in east with their land bearing survey No. 223 – They were in possession of suit land, which was recorded in the names of defendant – Compromise decree dtd. 04.10.85 was passed declaring their right on 7 biswa area and it was declared that remaining land belonged to defendant – Suit filed in 1998 by respondent nos.1 & 2 against the appellants for perpetual injunction in respect of two areas bearing survey no. 203 – Respondent nos. 1 & 2 sold the said areas to respondent nos. 4-7 and they were impleaded as plaintiffs – During evidence, one of the appellant tried to exhibit the decree dtd. 04.10.85 – Plaintiff ’s objection to the admissibility of decree was that decree being not registered cannot be accepted in evidence – Civil Judge held that decree was required to be registered, hence it was not admissible – High Court dismissed appellant’s writ petition holding that decree was required to be registered – Held: By virtue of sub-sec.(2)(vi) of s.17, any decree or order of a Court does not require registration – In sub- clause (vi) of sub-sec.(2), one category is excepted from sub- clause(vi), i.e., a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject -matter of the suit or proceeding – By conjointly reading s. 17(1)(b) & s. 17(2)(vi), it is clear that a compromise decree comprising immovable property other than which is the subject matter of the suit or proceeding requires registration, although any decree or order of a Court is exempted from registration by virtue of s. 17(2)(vi) – Decree dated 04.10.85 was with regard to property, which was subject matter of the suit, hence not covered by exclusionary clause of s.17(2)(vi) and present case is covered by the main exception u/s.17(2)(vi), i.e., “any decree or order of a Court” – Compromise decree dated 04.10.85 did not require registration – Order of the Civil Judge and the judgment of High Court is set aside – Compromise decree dtd. 04.10.85 be exhibited by trial court – Indian Stamp Act, 1899 – s. 2(14).
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2020 INSC 133
Petitioner	Mohammade Yusuf & Ors.
Respondent	Rajkumar & Ors.
SCR	[2020] 3 S.C.R. 649
Judgement Date	2020-02-05
Case Number	800

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Mohammade Yusuf & Ors. Vs. Rajkumar & Ors.

Please Log-in to view this content

Sidromani & Ors. Vs. Hem Kumar & Ors.

Pradeep S/o Rajkumar Jain Vs. Manganese Ore (india) Limited & Ors.

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Securities and Exchange Board of India Vs. Rajkumar Nagpal & Ors

Mohammed Yusuf Vs. Faij Mohammad & Ors .

Ravinder Kaur Grewal & Ors. Vs. Manjit Kaur & Ors.

Sk. Yusuf Vs. State of West Bengal

N.khosla Vs. Rajlakshmi (dead) and Ors.

Gurcharan Singh & Ors. Vs. Angrez Kaur & Anr.

Mohammade Yusuf & Ors. Vs. Rajkumar & Ors.

Mohammade Yusuf & Ors. Vs. Rajkumar & Ors.

Please Log-in to view this content

Similar Documents

Sidromani & Ors. Vs. Hem Kumar & Ors.

Pradeep S/o Rajkumar Jain Vs. Manganese Ore (india) Limited & Ors.

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Securities and Exchange Board of India Vs. Rajkumar Nagpal & Ors

Mohammed Yusuf Vs. Faij Mohammad & Ors .

Ravinder Kaur Grewal & Ors. Vs. Manjit Kaur & Ors.

Sk. Yusuf Vs. State of West Bengal

N.khosla Vs. Rajlakshmi (dead) and Ors.

Gurcharan Singh & Ors. Vs. Angrez Kaur & Anr.

Mohammade Yusuf & Ors. Vs. Rajkumar & Ors.