Madhya Pradesh High Court
Ravendra Pratap Singh vs Ramjivan Judgement Given By: Hon'Ble ... on 14 November, 2013
Second Appeal No. 673/2013
14/11/2013
Shri Pranay Verma, learned counsel for the
appellant.
Shri K.P. Kushwaha, learned counsel for the
respondents.
Heard on the question of admission. This second appeal by appellant/defendant is against the judgment dated 25.6.2013 passed in Civil Appeal No.122A/2011 by the Additional District Judge, Amarpatan, district Satna arising out of the judgment and decree dated 12.9.2011 passed in Civil Suit No.3A/2009 by the Second Civil Judge, Class II, Satna.
It is contended that by sale deed dated 2.9.1959 (Ex.D/3) the appellant has acquired the title over the land in suit from the predecessor of the respondents/plaintiffs and by virtue of such a sale deed he was entitled to remain in possession. The suit filed by the respondents was liable to be dismissed only on this count. However, ignoring the sale deed, since the suit has been decreed, the appeal preferred against the said judgment and decree has been dismissed, therefore, this second appeal is required to be filed.
It is not in dispute that the sale deed (Ex.D/3) was an unregistered document, which was executed for transfer of property, which was valued for more than Rs.100/. The registration of such a sale deed under the provisions of Section 17 of the Indian Registration Act was mandatory. Even otherwise, such unregistered document could not be impounded and could not have been admitted in evidence, as the same was not permissible under the law. On the basis of these findings, such a defence taken by the appellant has been rejected and the claim of the respondents/plaintiffs has been granted.
In view of the aforesaid, no error of law is committed by the courts below in granting the claim of the respondents/plaintiffs. No substantial question of law arises in this appeal for consideration. The appeal fails and is hereby dismissed.
(K.K. Trivedi) Judge shukla