In a second appeal against a decree dismissing a suit for possession and permanent injunction, the High Court upheld the lower courts' finding that an unregistered agreement to sell cannot transfer title and that the plaintiff failed to prove possession or execution of the document.
Stay petition and pending application, if any, also stand dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:31039]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 18/2021
Om Prakash S/o Mathura Das, Aged About 74 Years, by caste Mahatma, resident of Bagdi Mohalla, District Bikaner (Rajasthan).
----Appellant
Versus
Mukhtyar Ali S/o Mohammed Gurjar, by caste Gurjar, resident of Near Jain School, Bikaner.
----Respondent
For Appellant(s)
: Mr. Manoj Bhandari, Senior Advocate with Mr. Prateek Surana
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
21/09/2023
[2023:RJ-JD:31039]
[CSA-18/2021]
(2 of 3)
possession of the property till year 2011. On 18.08.2011, the land was handed over to defendant Mukhtyar Ali at his request as a licencee. But as the defendant did not handover the vacant possession of the land back to the plaintiff, the present suit for possession and permanent injunction was preferred.
[2023:RJ-JD:31039]
[CSA-18/2021]
(3 of 3)
(REKHA BORANA),J
7-Vij/-
3 issues framed by the court
Whether an agreement to sell that is not registered under the Registration Act can transfer title or create a charge on the property.
Whether the plaintiff can rely on an unregistered agreement to sell and possessory evidence as a fundamental ground to establish title.
Whether the lower courts were correct in dismissing the suit for possession and permanent injunction due to lack of proof of possession and invalidity of unregistered document.
3 provisions across 2 enactments
Om Prakash
Mukhtyar Ali
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
