After obtaining certified copy of a decree, on
30.06.2021, he presented the decree for registration before the 1st respondent.
But, request of the petitioner ... petitioner. After obtaining certified
copy of a decree, on 30.06.2021, he presented the decree for registration before
the 1st respondent. But, request of the petitioner
right requires compulsory registration under Section 17 of the
Registration Act, 1908 and, in the absence of such registration the
decree is not enforceable ... relating to
registration, would not require registration. In a converse situation, it
would require registration.
(2) If the compromise decree were to create
After obtaining certified copy of a decree, on
30.06.2021, he presented the decree for registration before the 1st respondent.
But, request of the petitioner ... petitioner. After obtaining certified copy
of a decree, on 30.06.2021, he presented the decree for registration before the 1st
respondent. But, request of the petitioner
counsel for the contesting
defendants that the decree was a compromise decree. It was
really a decree on admission and the admission ... given in evidence
for want of registration. Provision was made
for the registration of such a decree by Section
created by consent decree, which forms subject matter of dispute in the suit, such a consent decree is
saved from registration. Hence, we conclude that ... consent or compromise decree title can be created for the first time and the decree would not require registration provided it is subject matter
relating to registration, would not
require registration. In a converse situation, it would require
registration.
(2) If the compromise decree were to create ... find that
the judgment and decree of the High Court holding that the decree
requires compulsory registration is erroneous
effected by a person claiming under the decree presenting a copy of the decree for registration to the Sub-Registrar in whose district the immovable ... registered under Section 29 of the Registration Act is erroneous. Registration of such a charge decree is clearly compulsory
under Section 17 of the Registration
decree dated 09.01.1995
required registration under Section 17 of the
Registration Act. Section 17 of the Registration Act
provides for registration of documents, which ... relating to
registration, would not require
registration. In a converse
situation, it would require
registration.
(2) If the compromise decree
were to create
registration as provided in Sec.17(1)(b) of the
Registration Act (for short, "the Act")?
(iii) Whether the judgment and decree ... upwards
for the first time as per a compromise decree, that decree would
not require registration if the compromise concerns subject
matter of the suit
validity of the registration was no longer open to the respondents, firstly because the registration was effected in pursuance of a decree and secondly, because ... which the decree for compulsory registration was passed, to challenge the validity of the registration notwithstanding such decree; and as the registration of a document
