Madhya Pradesh High Court
Manoharlal vs Shaikh Shabbir (Deceased) Through ... on 22 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:2107
1 MP-1298-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
MISC. PETITION No. 1298 of 2025
MANOHARLAL AND OTHERS
Versus
SHAIKH SHABBIR (DECEASED) THROUGH POWER OF ATTORNY
SHRI NAGESH AND OTHERS
Appearance:
Shri Lokesh Mehta, learned counsel for the petitioners.
Shri Sunil Kumar Soni, learned counsel for respondent No.2.
Reserved on : 10.12.2025
Pronounced on : 22.01.2026
.............................................................................................................................................
ORDER
The petitioners before this Court have filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 04.03.2025 passed by the XIth District Judge, Indore in RCS A No.139/2016, whereby the application filed under Section 151 of the Code of Civil Procedure, 1908 r/w 33 of the Indian Stamp Act has been dismissed.
02. Facts of the case reveal that the respondent / plaintiff filed a civil suit for declaration, possession, mense profit and permanent injunction against the petitioners / defendants with respect to a plot situated at 56 Mishra Nagar, Indore area 1500 sq.ft. According to the plaintiff, one Gyanendra Mishra and Parasnath Mishra mortgaged the plot in the year 1994 and did not return the amount well within time. Thereafter, one Indradev Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08 NEUTRAL CITATION NO. 2026:MPHC-IND:2107 2 MP-1298-2025 Mishra sold the property to defendant No.2 and executed a registered sale deed No.4447 dated 31.03.2001.
03. The defendants filed a written statement denying the averments made in the plaint. It was stated that Indradev Mishra is the owner of the property and executed a valid registered sale deed in favour of the defendant. The title is already decided in Civil Suit No.352A/1992 which was filed by Ramphal Mishra, Gyanendra Mishra and Parasnath Mishra against Indradev Mishra and decree was passed in favour of Indradev Mishra.
04. During the pendency of the civil suit and after disposal of Miscellaneous Petition No.6354 of 2024, the defendant filed an application under Section 151 of the CPC r/w section 33 of the Indian Stamp Act. The plaintiff filed a reply denying the averments made in the application. Vide order dated 04.03.2025, the said application came to be rejected. Hence, the present miscellaneous petition is before this Court.
05. I have heard learned counsel for the parties and perused the record.
06. The order of the learned District Judge reveals that vide order dated 08.11.2024, the right of the defendants to lead the evidence has been closed and the matter was fixed for final arguments. Thereafter, the defendants were given final opportunity to lead their evidence in compliance of the order dated 21.11.2024, but the defendants failed to present their evidence. The impugned order further reveals that the document sought to be impounded through the application relates to the year 1977. The content of the documents prima facie indicate that it is not a sale deed, rather an Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08 NEUTRAL CITATION NO. 2026:MPHC-IND:2107 3 MP-1298-2025 agreement to sale. The defendants' objection to the document being exhibited during the evidence stage was also reserved by the Court, despite all this, the defendants filed the application under Section 151 of the CPC r/w 33 of the Indian Stamp Act without presenting their evidence in compliance to the order dated 21.11.2024 which reflects the defendants' intention to prolong the case. In such circumstances, the learned District Judge has dismissed the application by imposing cost of Rs.1,000/-.
07. The content of the agreement depicts that at that relevant point of time, the registration was suspended under the Urban Land Ceiling & Regulation Act. It was agreed that as soon as the suspension is lifted, the agreement to sale will be registered in the name of purchaser upon payment of appropriate stamp duty and if the seller refuses to register the property in the name of purchaser, the purchaser will have the right to take appropriate legal action to get the registration done through the Court. Hence, this agreement is an agreement to sale by which the possession has been handed over.
08. To disentangle the controversy involved in the case at hand, it is apposite to deal with the provisions of Registration Act & Transfer of Property Act. For ready reference Section 17 of the Registration Act is reproduced below:-
''17. Documents of which registration is compulsory. --(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:--
(a) instruments of gift of immovable property;Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08
NEUTRAL CITATION NO. 2026:MPHC-IND:2107 4 MP-1298-2025
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
3(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:
Provided that the 4[State Government] may, by order published in the [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. (1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.] (2) Nothing in clauses (b) and (c) of sub-section (1) applies to--
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such Company; or
(v) any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08 NEUTRAL CITATION NO. 2026:MPHC-IND:2107
5 MP-1298-2025 or interest; or
(vi) any decree or order of a Court 3[except 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]; or
(vii) any grant of immovable property by 4[Government]; or
(viii) any instrument of partition made by a Revenue-Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or
(x) any order granting a loan under the Agriculturists, Loans Act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that Act; or 5[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.''
09. The aforesaid provisions of law mandate compulsory registration for specific documents related to immovable property (like gift deeds, leases over one year, or instruments creating rights over Rs 100 value) to ensure transparency, prevent fraud, provide public notice, and preserve evidence, with non-registration leading to severe evidentiary consequences under Section 49. It establishes a system for publicizing property transactions, making registered documents strong legal proof and securing property rights by creating a public record.
10. Section 54 of the Transfer of Property Act is reproduced below:-
''54. "Sale" defined.--
"Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.Sale how made.-- Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08 NEUTRAL CITATION NO. 2026:MPHC-IND:2107 6 MP-1298-2025 thing, can be made only by a registered instrument. In the case of tangible immovable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale.--
A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties.It does not, of itself, create any interest in or charge on such property.''
11. The aforesaid provision defines 'sale' as the transfer of ownership of immovable property for a price, which can be paid, promised, or partly paid /promised, requiring money as consideration, and outlines the mode of transfer: for properties over Rs.100/-, a registered document is mandatory, while for lower-valued properties, delivery of possession is sufficient. Key elements include competent parties, monetary consideration (price), and the transfer of ownership, with a contract for sale merely agreeing to future transfer, not creating immediate property interest.
12. If any document requiring registration is impounded, the same shall not be equivalent to registration. The document only gains legal efficacy (equivalent to registration) once all stamp duty issues are resolved and the formal registration process is completed, as stipulated by the Indian Stamp Act and Registration Act
13. In the present case, the defendants filed an application for impounding the document(s) relating to year 1977, however, the trial Court has held the document older than five year cannot be impounded in view of Section 48-B of the Indian Stamp Act. Section 48-B of the Indian Stamp (Madhya Pradesh Amendment) Act, 2016 is reproduced below:-
Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08NEUTRAL CITATION NO. 2026:MPHC-IND:2107 7 MP-1298-2025 ''48-B. Original instrument to be produced before the Collector in case of deficiency.-Where the deficiency of stamp duty is noticed from a copy of any instrument, the Collector may, by order require the production of original instrument from a person in possession or in custody of the original instrument for the purpose of satisfying himself as to the adequacy of amount of duty paid thereon. If the original instrument is not produced before him within the period specified in the order it shall be presumed that the original document is not duly stamped and the Collector may proceed in the manner provided in this Chapter:
Provided that no action under this section shall be taken after a period of five years from the date of execution of such instrument.''
14. The aforesaid provision of law specifically empowers the Collector to demand the original instrument if a deficiency in stamp duty is noticed from a copy, allowing them to verify its adequacy; if not produced, it's presumed understamped, with a five-year limitation period from execution, preventing action after that date. However, if a document comes before a Court and is found to be improperly stamped or relevant to a case, the Court retains the authority to impound it, even after a long period, to ensure legal compliance and revenue recovery. The aforesaid came into force w.e.f. 23.10.2017 and the same shall be applicable prospectively, not retrospectively. Hence, this provision of law shall not be applicable for the documents related to the year 1977. Since the document, which is sought to be impounded, is of the year 1977, hence, Section 48-B as aforesaid shall not apply.
15. It is clear from the order dated 21.11.2024 passed in M.P. No.6365 of 2024 that this Court has granted one opportunity to the defendants to adduce the evidence, however, it is being seen that the trial Court has been giving several opportunity to adduce the evidence.
16. In view of the forgoing discussions and observations, I do not Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08 NEUTRAL CITATION NO. 2026:MPHC-IND:2107 8 MP-1298-2025 find any ground to interfere with the order passed by the learned trial Court, hence, the same is hereby confirmed.
17. Resultantly, Miscellaneous Petition stands dismissed.
(ALOK AWASTHI) JUDGE Ravi Signature Not Verified Signed by: RAVI PRAKASH Signing time: 22-01-2026 17:49:08