Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 39 & 12---Transfer of Property Act (IV of 1882), 54---Registration Act (XVI of 1908), S.17---Suit for declaration and specific performance of agreement to sell---Non-registration of agreement to sell---Effect---Contention of plaintiff (husband) was that he had purchased the disputed plot---Defendant (wife) filed suit for specific performance of agreement on the basis of which mutation was attested---Both the suits were consolidated and suit of the plaintiff was dismissed concurrently---Suit of the defendant (wife) was also dismissed by the Trial Court but no appeal was filed---No appeal/revision was filed by the defendant and findings of the Trial Court with regard to suit for specific performance of Kabin Nama/ agreement attained finality---After receipt of dower amount and dissolution of marriage, the defendant lady was no more the wife of the plaintiff---Claim of the defendant to the extent of dower stood satisfied---Agreement/Kabin Nama being unregistered bestowed no title on the beneficiary---Defendant had admitted that plaintiff purchased the plot and mutated in her favour---Factum of execution of lqrar Nama had been mentioned in the Nikah Nama which was not disputed---Marriage stood dissolved and defendant was not entitled to get benefit of the agreement which was not part and parcel of the dower amount---Disputed plot should be returned to the original owner---Agreement pertained to landed property of the value more than one hundred rupees and was registerable under section 17 of the Registration Act, 1908---Agreement was not registered, hence, no right had been bestowed on the defendant-wife---Revision was accepted and suit was decreed. (b) Transfer of Property Act (IV of 1882)--- ----S.54---Sale---Scope---Sale was transfer of ownership in exchange for price paid or promised or part paid and part promised---Consideration of sale could not be ignored. (c) Registration Act (XVI of 1908)--- ----S. 17---Registration of document---Scope---Section 17 of the Registration Act, 1908, provided that gift instrument regarding immovable property or other non-testamentary instruments which purported or operated…

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