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The Coinage Act, 2011
S.Kaladevi vs V.R.Somasundaram & Ors on 12 April, 2010
In "S. Kaladevi v. V.R. Somasundaram and Others" 2011(1) LJR
712, it has been held by Hon'ble Supreme Court that unregistered document
can be looked into for collateral purposes, as per Sec on 49 of the Registra-
Utha Moidu Haji vs Kuningarath Kunhabdulla And Ors on 30 November, 2006
In the present case, as defendant started claiming ownership of
suit property on the basis of unregistered sale deed dated 05.06.1993 (Ex.D1)
and the said document is found to be void being unregistered on account of
the fact that it purports to create tle in respect of an immovable property of
value more than ₹100/-, therefore, the possession of the defendant became
adverse from the very date of execu on of this document, in view of the legal
posi on explained in Utha Moidu Hajii's case (supra). Said possession was
open, con nuous and uninterrupted and became hos le to the true owner
i.e., father of plain ff since 1993 upon execu on of Ex.D1 and then to the
knowledge of the plain ff a er the death of his father in 1998, as defendant
had started claiming to be owner of the suit property on basis of Ex.D1, an
unregistered document.
Amar Chandra vs Smt. Kamla Devi And Anr. on 3 July, 2015
In Amar Chandra Vs. Kamla Devi and another, 2015 (51) RCR
(Civil) 769, it has been held by Allahabad High Court that on the issue of
restora on of possession, limita on would be reckoned from the date, one is
dispossessed or when the defendants' possession become adverse.
Indian Stamp Act, 1899
Qadir Bux vs Ramchand And Ors. on 19 March, 1969
32. Similarly, in Qadir Bux v. Ramchand and others, AIR 1970
Allahabad 289, the High Court has held that in order to a'ract Ar cle 65, if a
person has got possession even if under a void sale, his possession would be
adverse to the real owner and by possessing for more than 12 years, he
acquires tle by adverse possession. Any ac on against him by real owner
has to be filed within 12 years of such possession, otherwise suit for
possession would be barred by limita on. For the purpose of a declara on,
limita on commences from the date of cause of ac on. Similarly, for the
purpose of restora on of possession, limita on would commence from the
date from which one is dispossessed or the defendant's possession becomes
adverse.
The Indian Evidence Act, 1872
Ude Singh vs Chander & Ors on 10 May, 2010
26. Apart from above, in "Ude Singh and Ors. v. Ram Chander"
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