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Documents citing K. Bhaskaram And Anr. vs Mohammad Moulana And Ors. on 25 July, 2005

Shanmugam vs Rajeswari on 12 September, 2017

12.Per contra, Mr.D.Selvaraj, learned counsel appearing for the respondents 1 to 4 would contend that the issue at hand stands squarely covered by the decision of the Hon'ble Andhra Pradesh High Court in a case of K.Bhaskaran and another v. Mohammed Moulana (died) and others reported in AIR 2005 AP 524. It is his submission that the assignment of a decree is compulsorily registrable since it only confers a right to obtain an immovable property and without registration of an assignment deed, even assuming a sale deed is registered, the effect of non-registration would prove fatal to any subsequent actions. To emphasise on this point, he has invited the attention of this Court to Section 49 of the Registration Act which very clearly stipulates as to what could be effect of non-registration of documents which are compulsorily registrable. It is also his further submission that the subsequent registration of the Sale deed would be vitiated since the assignment deed has not been registered and submit that the judgment of the lower Court is absolutely correct and warrants no interference.
Madras High Court Cites 9 - Cited by 0 - M V Muralidaran - Full Document

Amol S/O Late Bhalchandra Joshi vs Deorao S/O Santoshrao Bhongade on 6 January, 2011

"18. ...In the instant case, it is the case of the decree- holder No.4 that he has got the assignment of decree in immovable property from other decree-holders and admittedly, such transfer of decree by way of assignment, transferring the right in respect of the immovable property, requires registration and therefore, the said judgment also supports the contention of the learned counsel appearing for the appellants-judgment-debtors."
Bombay High Court Cites 38 - Cited by 1 - R K Deshpande - Full Document

Amol S/O Late Bhalchandra Joshi vs Deorao S/O Santoshrao Bhongade on 6 January, 2011

"18. ...In the instant case, it is the case of the decree- holder No.4 that he has got the assignment of decree in immovable property from other decree-holders and admittedly, such transfer of decree by way of assignment, transferring the right in respect of the immovable property, requires registration and therefore, the said judgment also supports the contention of the learned counsel appearing for the appellants-judgment-debtors."
Bombay High Court Cites 38 - Cited by 0 - R K Deshpande - Full Document

Amol S/O Late Bhalchandra Joshi vs Deorao S/O Santoshrao Bhongade on 6 January, 2011

"18. ...In the instant case, it is the case of the decree- holder No.4 that he has got the assignment of decree in immovable property from other decree-holders and admittedly, such transfer of decree by way of assignment, transferring the right in respect of the immovable property, requires registration and therefore, the said judgment also supports the contention of the learned counsel appearing for the appellants-judgment-debtors."
Bombay High Court Cites 38 - Cited by 0 - R K Deshpande - Full Document

Rajeswari vs Shanmugam on 19 November, 2025

33. The holding to the contrary in K. Bhaskaram (supra) on the aspect of the need for registration of an assignment deed assigning a decree for specific performance of an agreement for sale, does not lay down the correct law. In that case, it appears that parties proceeded on an admission that the registration was required. Further in that case, the Court faulted the assignment for breach of Order 21 Rule 16 also.
Supreme Court of India Cites 40 - Cited by 0 - Full Document

Sukhdev Singh (Dead Through Lrs) vs Joginder Singh And Others on 9 July, 2013

I have heard counsel for the parties and perused the case file. Counsel for the petitioner contended that consent decree dated 30.03.1983 in favour of respondent no. 1-objector was based on oral gift, and therefore, the said decree required compulsory registration and being unregistered, did not convey any title to respondent no.1-objector. Reliance in support of this contention has been placed on a judgment of Calcutta High Court in the case of Dipali Roy vs. Samir Banerjee reported as 2010 (4) ICC 473 , on a judgment of Andhra Pradesh High Court in the case of K. Bhaskaram and another vs. Mohammad Moulaa (Died) and others reported as 2005 AIR (A.P.)
Punjab-Haryana High Court Cites 5 - Cited by 2 - L N Mittal - Full Document

J.Manjula vs M.Amani Abu Ayubansari on 9 January, 2024

6. In the revision, the learned counsel appearing for the revision petitioners has taken a new stand that the alleged assignment requires compulsory registration, that the executing Court ought not to have permitted the first respondent/3rd party to proceed on the basis of an unregistered assignment and that therefore, the impugned order is not in accordance with law. The learned counsel appearing for the revision petitioners has relied on the judgment of the Andhra Pradesh High Court in K.Bhaskaram and another Vs. Mohammad Moulana and others reported in AIR 2005 AP 524 and the judgment of this Court in V.Mathimugam Vs. KuilBaby Ammal and others passed in C.R.P.No.518 of 2017 dated 21.04.2023, in support of his contention that the alleged assignment without registration is not valid transfer of the decree. But it is 6/10 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3227 of 2023 pertinent to note that the above two decisions are with respect to the decrees relating to immovable property. In Andhra Pradhesh High Court case, the suit was for specific performance of agreement of sale, wherein, in the Madras High Court case, decree was for recovery of possession and mense profits. In both the cases, it has been specifically held that the assignment of decree in respect of the immovable property requires registration and as such, the same cannot be relied on, for the execution of the decree. But in the case on hand, as already pointed out, the decree is only for recovery of money and no way relates to any immovable property.
Madras High Court Cites 7 - Cited by 0 - Full Document
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