Law: Registration Act, 1908

Section: 17,49

Law: Transfer of Population Welfare Programme (Field activities) Ordinance, 1983

Section: 54

Law: Specific Relief Act, 1877

Section: 42,39,54

(a) Registration Act (XVI of 1908)--- ----Ss.17, 49---Transfer of Property Act (IV of 1882), S.54---Specific Relief Act (I of 1877), Ss.42, 39, 54---Suit for declaration---Contract for sale---Documents of which registration is compulsory---Effect of non-registration of documents---Scope---Plaintiff filed a suit for declaration, cancellation and permanent injunction on the basis of an agreement---Trial Court decreed the suit whereas Appellate Court dismissed the suit---Validity---Unregistered agreements allegedly executed by one of the defendants in favour of another defendant and that defendant in favour of the father of plaintiff did not per se create any interest in the property much less any title to it---Agreement did not create right of ownership in the suit land rather it only created right to seek specific performance of the terms and conditions of the agreement---Sections 17, 49 of the Registration Act, 1908, required that any document purporting to create any right, title or interest in a property of the value more than one hundred rupees required compulsory registration---Transfer of immovable property by way of sale could only be through a deed of conveyance (duly stamped and registered as required by law)---Contract of sale which was not registered deed of conveyance (deed of sale) fell short of the requirement of Ss.54, 55 of Transfer of Property Act, 1882 and did not confer any title, nor transfer any interest in the immovable property---Claim of plaintiff was based on an unregistered sale deed, which did not confer any title in the suit property---Suit for declaration of title on the basis of purported agreements filed by the plaintiff was not maintainable---Judgment and decree passed by Appellate Court warranted no interference---Revision petition was dismissed. (b) Transfer of Property Act (IV of 1882)--- ----Ss.54, 5, 53-A---”Sale” defined---Sale how made---Contract for sale---”Transfer of property”---Part performance---Scope---Section 54 of the Transfer of Property Act, 1882, provides that a contract for sale of immovable property is a contract that a sale of such property shall take place---Word “convey” in S. 5 of the Transfer of Property…

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