Dismissed

Vishnu Bhagwan Pawar and Ors. v. Shankar Bhau Pawar

Bombay HC30 Aug 2005SA/906/2005

Case brief

AI extract

What is this about?

The High Court dismissed the second appeal against the dismissal of a suit for reconveyance. It held that neither an agreement nor a release under an agreement of reconveyance creates an interest in immovable property; thus, such documents do not require registration under Section 17 of the Registration Act, relying on Chinnakkal case.

What did the court decide?

The appeal stands dismissed.

Vishnu Bhagwan Pawar and Ors. Vs Shankar Bhau Pawar — Property and Title | Bombay HC (2005)

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 : 1 :

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION
 SECOND APPEAL NO.906 OF 2005

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 Shri Vishnu Bhagwan Pawar and Ors. ..Appellants
 Versus
 Shri Shankar Bhau Pawar ..Respondent

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 Mr.T.S.Talkute for appellants

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 CORAM : P.V.KAKADE, J.

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 DATE : 30TH AUGUST, 2005

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 P.C.:

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 1. This is an appeal preferred by the appellants
 against the judgment and order passed by Addl. District
 Judge, Satara dated 20.10.2004 dismissing the appeal and
 confirming the judgment and order passed by Civil Judge,
 Junior Division, Koregaon dated 20.8.1999 dismissing the
 plaintiffs’ suit.

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 2. I have heard the learned counsel for the

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 appellants. Perused the record.

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 3. The plaintiffs had filed the suit for

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 reconveyance of sale deed of an agricultural land Gat
 No.356, which was executed on 6.9.1973 by appellant no.1

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 : 2 :

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 and deceased Hariba Pawar. The defendant challenged the
 suit on various grounds, inter alia, submitted that the
 allegations made by the plaintiffs were false and
 therefore, sought dismissal of the suit.

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 . The learned trial court adjudicated the dispute
 on merits and came to the conclusion that the plaintiffs
 had proved that the suit agreement was deed of
 reconveyance. On the other hand it was held that the
 plaintiffs had surrendered right of reconveyance in
 favour of defendant and suit came to be dismissed. The
 appeal was carried to the District Court. The learned
 Addl. District Judge after hearing both the parties
 concurred with the findings recorded by the trial court
 and dismissed the appeal. Hence the present appeal.

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 4. At the outset it must be noted that there is
 absolutely no substantial question of law involved in
 this appeal. The only question sought to be raised at
 this stage is with regard to the question whether the
 suit document amounts to deed of reconveyance and if so
 whether it requires registration under Section 17 of the
 Registration Act? In this regard the lower appellate
 court has relied upon ruling of Madras High Court in the

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 : 3 :

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 case of Chinnakkal vs Chinna Thumbi Gounden reported in

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AIR 1934 Madras 703 wherein it is observed that "an
 agreement for reconveyance does not create any interest
 in immovable property and therefore, there was no
 necessity for registering such an agreement, where the
 agreement of reconveyance does not create any interest
 in the immovable property, a release of any right under
 that document will also not create any interest in the
 immovable property and as such no registration is called
 for". This view is also taken by this court earlier on
 which the Madras High Court has put reliance.

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 . Under the circumstances there is no doubt
 whatsoever that no registration is required for the suit
 document. In the result there is no merit in the appeal
 and appeal stands dismissed.

Vishnu Bhagwan Pawar and Ors. v. Shankar Bhau Pawar

Case brief

What is this about?

What did the court decide?

Vishnu Bhagwan Pawar and Ors. v. Shankar Bhau Pawar

Case brief

What is this about?

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What the court decided

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Vishnu Bhagwan Pawar and Ors. Vs Shankar Bhau Pawar