RAVINDER KAUR GREWAL & ORS.versusMANJIT KAUR & ORS.
2019 INSC 86931 July 2020Appeal(s) allowed
The case concerned a dispute over two adjoining land parcels (Khasra Nos. 935/1 and 935/2) where the predecessor of the appellants, Harbans Singh, claimed exclusive ownership based on a family settlement. A memorandum of family settlement (Exhibit P‑6) dated 10‑03‑1988 was executed by the brothers. The trial court part…
C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.
2009 INSC 98031 July 2009Appeal(s) allowed
The appellants purchased land in Tamil Nadu by deeds dated 1‑Feb‑1990. The Sub‑Registrar became aware of the deeds only on 30‑Mar‑1996 and, in 1998, initiated proceedings under Sections 47A(1) and 198 of the Indian Stamp Act, 1899, to recover deficit stamp duty. The appellants contended that the actions were barred by …
PHOOL PATTI AND ANRversusRAM SINGH (DEAD) THROUGH LRS. & ANR.
2009 INSC 43931 March 2009Matter referred to larger bench
The daughters of Bhagwana (appellants) challenged a consent decree dated 24‑Nov‑1980 in a suit alleging collusion. The trial court set aside the decree, but the first appellate court reversed, holding the decree was not collusive, a finding of fact. The High Court affirmed that view and dismissed the appellants' appeal…
MITHILESH KUMARversusMANOHAR LAL
1996 INSC 125730 October 1996Appeal(s) allowed
Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily registrable document under S…
ANAPURNA JAISWALversusINDIAN OIL CORPORATION LTD. AND ORS.
2021 INSC 58330 September 2021Dismissed
The Indian Oil Corporation advertised for petrol pump dealerships in October 2011. Anapurna Jaiswal applied on 11 November 2011 and was placed first, leading to a lease deed dated 8 November 2011. The lease stipulated that its term of 30 years would commence only upon approval of the petrol pump, meaning no lease exist…
ICICI BANK LIMITEDversusOFFICIAL LIQUIDATOR OF APS STAR INDUSTRIES LTD. AND ORS.
2010 INSC 66330 September 2010Appeal(s) allowed
ICICI Bank assigned a portfolio of non‑performing assets (NPAs) worth Rs 52.45 crore to Kotak Mahindra Bank under a deed of assignment. One of the borrowers, APS Star Industries Ltd., entered liquidation and Kotak sought to be substituted as the secured creditor in the winding‑up proceedings. The Company Court and the …
S. V ASUDEVETC. ETC.versusSTATE OF KARNATAKA AND ORS.
1993 INSC 12330 March 1993Appeal(s) allowed
The petitioners challenged the Karnataka State Government's orders permitting a partnership firm to sell excess vacant land under the Urban Land (Ceiling & Regulation) Act, 1976, alleging that the State lacked authority to grant such exemption and that the sale deed was void. The Supreme Court examined the scheme of th…
LACHHMAN DASSversusRAM LAL & ANR.
1989 INSC 11130 March 1989Appeal(s) allowed
Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for making it a rule of court…
ISHWAR DASS JAIN (DEAD) THROUGH L.RS.versusSOHAN LAL (DEAD) BY L.RS.
1999 INSC 53329 November 1999Appeal(s) allowed
The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first appellate court dismiss…
BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.
2003 INSC 57229 October 2003Appeal(s) allowed
The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the High Court dismissed …
A.B. GOVARDHANversusP. RAGOTHAMAN
2024 INSC 64029 August 2024Appeal(s) allowed
The appellant advanced a Rs.10 lakh loan to the respondent, securing it by two registered mortgages and four promissory notes. When the respondent defaulted, he handed over the title deeds of a Chennai property as security under a later agreement, promising to register a sale deed and repay a balance of Rs.2 lakh. The …
RAMDEV FOOD PRODUCTS PVT. LTD.versusARVINDBHAI RAMBHAI PATEL AND ORS.
2006 INSC 56329 August 2006Appeal(s) allowed
Ramdev Food Products Pvt. Ltd., the registered proprietor of the trademark "Ramdev", sued its former family partners who were operating under the name "Ramdev Masala" for infringing its mark by manufacturing and selling spices under that name. The parties had earlier entered into a user agreement and a Memorandum of Un…
RAJNI TANDONversusDULAL RANJAN GHOSH DASTIDAR AND ANR.
2009 INSC 96929 July 2009Appeal(s) allowed
The appeal concerned a sale deed of a flat that was executed by Indra Kumar Halani under a power of attorney granted by Nandalal Tantia and subsequently presented for registration. The High Court held that because the power of attorney was not registered under Section 33 of the Registration Act, 1908, Halani could not …
SHARANAPPA BASAPPA DINDAWARversusSTATE OF KARNATAKA AND ORS.
1996 INSC 96128 August 1996Appeal(s) allowed
Sharanappa Basappa Dindawar owned 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2. By a registered exchange deed dated 18 August 1971 he swapped the 28 acres 10 gunthas for 30 acres 24 gunthas of land in Survey No. 175, increasing his total holding to 45 acres 30 gunthas, still within th…
AMAR NATH (DEAD) THROUGH L.R.versusGIAN CHAND AND ORS.
2022 INSC 10628 January 2022Appeal(s) allowed
The plaintiff, Amar Nath, executed a special power of attorney (PoA) on 28‑01‑1987 in favour of the second defendant to sell his land for Rs.55,000. When the first defendant could not pay, the second defendant allegedly returned the PoA on 02‑02‑1987 and the plaintiff claimed it was cancelled, yet no formal notice or r…
VEENA HASMUKH JAIN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
1999 INSC 2828 January 1999Dismissed
The appellants entered into an agreement for sale of a flat under Section 4 of the Maharashtra Ownership Flats Act, paid the required registration fee and later had the agreement impounded with a demand for stamp duty under Section 32A of the Bombay Stamp Act. They contended that the document was merely an agreement fo…
PABITRA KUMAR ROY AND ANR.versusALITA DSOUZA
2006 INSC 66027 September 2006Appeal(s) allowed
The case involved a lease dated 13 January 1969 for 21 years between the appellants (lessors) and the respondent (lessee) which contained a clause allowing either party to terminate the lease before its expiry. The lessor served a notice of determination in 1972 and obtained an eviction decree under the Transfer of Pro…
KHAGESH KUMAR AND ORS.versusINSPECTOR GENERAL OF REGISTRATION AND ORS.
1995 INSC 60427 September 1995Disposed off
The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought regularisation under the U…
UNION OF INDIA & ANR.versusS. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND ORS.
2021 INSC 42527 August 2021Disposed off
The legal heirs of the late S.V. Srinivasulu Naidu claimed that Union of India had illegally grabbed 7,128.5 sq. yards of land that their father had purchased, relying on a prior suit where the plaintiffs were declared owners of 4,971.5 sq. yards. The Union appealed the Tribunal's order under the Andhra Pradesh Land Gr…
ITTIANAM AND ORS.versusCHERICHI @ PADMINI
2010 INSC 43627 July 2010Disposed off
The dispute concerned the grant of letters of administration for seven properties bequeathed in a Will dated 8 May 1967. The testator had acquired full title to items 4‑7 through a sale deed executed on 2 May 1967 and registered on 8 May 1967, before his death on 20 July 1971. The High Court limited the grant to items …
THE COMMISSIONER OF INCOME-TAX BOMBAY ETCversusM/S PODAR CEMENT PVT.LTD.
1997 INSC 51527 May 1997Case Partly allowed
The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income from other sources" bec…
M.S. ANANTHAMURTHY & ANR.versusJ. MANJULA
2025 INSC 27327 February 2025Dismissed
The case involved a dispute over a plot of land originally owned by Muniyappa, who executed a General Power of Attorney (GPA) and an agreement to sell in favour of A. Saraswathi in 1986. After Muniyappa's death in 1997, Saraswathi, as GPA holder, executed a registered sale deed in 1998 transferring the property to her …
LAND ACQUISITION OFFICER AND MANDAL REVENUE OFFICERversusV. NARASAIAH
2001 INSC 11827 February 2001Dismissed
The State, represented by the Land Acquisition Officer and Mandal Revenue Officer, sought to acquire 7.35 acres of land and initially valued it at Rs 17,200 per acre. The District Court enhanced the valuation to Rs 65,762 per acre, and the Andhra Pradesh High Court further raised it to Rs 75,000 per acre, relying on ce…
K. ARUMUGA VELAIAHversusP.R. RAMASAMY AND ANR.
2022 INSC 10327 January 2022Dismissed
The appellant‑plaintiff, K. Arumuga Velaiyah, claimed a one‑fourth share in ancestral joint family property based on a 1994 will of his grandfather, Periyaiya Servai, and sought partition and separate possession. The lower courts dismissed the suit, holding that a partition had already been effected in 1964 by a pancha…
P. RAM REDDY ETC.versusLAND ACQUISITION OFFICER, HYDERABAD URBAN DEVELOPMENT AUTHORITY, HYDERABAD ETC.
1995 INSC 7727 January 1995Disposed off
The Supreme Court examined the compensation payable to P. Ram Reddy for land acquired by the Hyderabad Urban Development Authority under the Land Acquisition Act, 1894. The Court held that the market value of acquired land must include the value attributable to its building potentiality, which must be proved by reliabl…
SATYA PAL ANANDversusSTATE OF M.P. & ORS.
2016 INSC 98826 October 2016Dismissed
The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a dispute under the M…
STATE OF MADHYA PRADESHversusSURENDRA KORI
2012 INSC 42726 September 2012Appeal(s) allowed
The State of Madhya Pradesh alleged that Surendra Kori, a Deputy Registrar, facilitated the registration of over one hundred forged sale deeds to enable fictitious buyers to claim benefits under a Special Rehabilitation Package for the Sardar Sarovar Project. FIRs and charge‑sheets were filed under IPC sections 420, 46…
SAVITA DEYversusNAGESHWAR MAJUMDAR AND ANR.
1995 INSC 59826 September 1995Appeal(s) allowed
Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit notice, but the tenants f…
THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.
2023 INSC 43126 April 2023Disposed off
The Supreme Court examined a sale deed executed by the Official Liquidator of a liquidated company, which conveyed land, building, civil works, plant and machinery, and other assets for a total consideration of Rs.8.35 crores. The first respondent, a nominee of the auction purchaser, sought registration of only the lan…
SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.
1994 INSC 17226 April 1994
Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent sued for specific perf…
BHAGAT RAM AND ANR.versusSURESH AND ORS.
2003 INSC 67225 November 2003Dismissed
The appellants, sons of the deceased Mast Ram, challenged the sale of their father's property by his widow Muni Devi, arguing that a statement recorded by the Registrar of Deeds on 21 May 1973 constituted a codicil that, if valid, limited the widow to a life estate. The Court examined whether a codicil must be executed…
SMT. SEEMAversusASHWANI KUMAR
2007 INSC 110325 October 2007Directions issued
The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, Karnataka, Meghalaya, Mizoram…
M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITEDversusAMIT CHAND MITRA & ANR.
2023 INSC 85425 September 2023Dismissed
The dispute arose from a five‑year lease agreement dated 27‑03‑2003 between Paul Rubber Industries Pvt. Ltd. (lessee) and the landlady (respondents) for approximately 16 cottahs of land in Kolkata, which included a clause for renewal and described the premises as having a factory shed. The lease was not registered, alt…
SATYA PAL ANANDversusSTATE OF M.P. AND OTHERS
2016 INSC 98825 August 2015
Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel the extinguishment d…
STATE OF GUJARAT ETC. ETC.versusDAYA SHAMJI BHAI ETC. ETC.
1995 INSC 50125 August 1995Appeal(s) allowed
The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference under Section 18. A…
STATE OF HARYANAversusRAM SINGH
2001 INSC 31525 July 2001Dismissed
The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that certified copies of other …
SHANTI BHUSHAN (D) THR. LR. & ORSversusSTATE OF U.P. AND ORS
2023 INSC 42525 April 2023Appeal(s) allowed
The appellants purchased a 7,818 sq. m. property in Allahabad as tenants and paid stamp duty based on a market value of Rs.6,67,200 calculated using the municipal property‑tax method. The Assistant Stamp Collector re‑valued the land at Rs.24,000 per sq. m., fixing a market value of over Rs.19 crore and demanding a larg…
SUMAN JINDAL & ANR.versusM/S ADARSH DEVELOPERS
2019 INSC 57225 April 2019Appeal(s) allowed
The appellants booked a residential flat with the developer who required a booking amount of 25% of the sale price. Through email correspondence in February 2008, the parties agreed to reduce the booking amount to 15%, which the appellants paid in excess of that amount. The developer later cancelled the allotment, clai…
GOVERNMENT OF ANDHRA PRADESH & ORS.versusSMT. P. LAXMI DEVI
2008 INSC 24725 February 2008Case Allowed
The appellant State challenged a High Court order that declared Section 47A of the Indian Stamp Act, as amended by Andhra Pradesh Act 8 of 1998, unconstitutional. The amendment requires a party to deposit 50% of the deficit stamp duty before a registering officer can refer the instrument to the Collector for valuation.…
SMT. HANS RAJIversusYASODANAND
1995 INSC 78524 November 1995Dismissed
The appellant, an illiterate Harijan widow, sued to cancel a sale deed she had executed in favour of the respondent, alleging fraud, that she thought she was executing a will, and that the deed was obtained without consideration. The trial court, appellate court and Allahabad High Court all held that the deed was volun…
SHYAMSUNDAR RADHESHYAM AGRAWAL & ANR.versusPUSHPABAI NILKANTH PATIL & ORS.
2024 INSC 73024 September 2024Dismissed
The appellants filed a suit for declaration and injunction, after which the defendant sought impoundment of six agreements for sale on the ground that they effected transfer of possession and were therefore conveyances requiring stamp duty and registration. The trial court and the High Court ordered the documents impou…
NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.
2008 INSC 108624 September 2008Case Partly allowed
The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order an enquiry by the Dis…
FIRM RAJASTHAN UDYOG & ORS.versusHINDUSTAN ENGINEERING & INDUSTRIES LTD.
2020 INSC 36224 April 2020Appeal(s) allowed
The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The sole arbitrator fix…
LALIT KUMAR JAIN AND ANR.versusJAIPUR TRADERS CORPORATION PVT. LTD.
2002 INSC 22924 April 2002Appeal(s) allowed
The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…
SHRI GOKUL MAHTOversusTHE STATE BANK OF BIHAR AND ORS.
1999 INSC 8224 February 1999Dismissed
The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth respondent) on 11 May…
ROSHAN SINGH & ORS.versusZILE SINGH & ORS.
1988 INSC 5424 February 1988Dismissed
The case involved descendants of a common ancestor who had partitioned their agricultural land in 1955 and later their residential properties. A memorandum of partition (Exh. P‑12) dated 3 August 1955, later confirmed by a settlement (Exh. P‑1) on 31 January 1971, listed the properties allotted to each party. The dispu…
HARSHIT HARISH JAIN & ANR.versusTHE STATE OF MAHARASHTRA & ORS.
2025 INSC 10424 January 2025Appeal(s) allowed
The appellants purchased a flat and paid stamp duty, but later cancelled the booking due to the developer's delay and executed a cancellation deed on 17 March 2015, which was registered on 28 April 2015 after an amendment to Section 48(1) of the Maharashtra Stamp Act reduced the refund limitation period from two years …
GOVINDBHAI CHHOTABHAI PATEL & ORS.versusPATEL RAMANBHAI MATHURBHAI
2019 INSC 107023 September 2019Dismissed
The appellants, sons of the deceased donor, claimed that a property gifted by their father to the respondent was ancestral and that the donor lacked authority to execute the gift deed, alleging the deed was forged. The trial court held the property ancestral, a view affirmed by the first appellate court, but the Gujara…
BIKRAM CHATTERJI & ORSversusUNION OF INDIA & ORS.
2019 INSC 79923 July 2019Dismissed not complying condition order
Home buyers booked flats in various projects of the Amrapali Group of companies in Noida and Greater Noida, paying substantial amounts between 2010-2014. The builders failed to deliver possession within the promised 36 months and did not pay dues to the Noida and Greater Noida Authorities or repay loans taken from bank…
HUSSAIN AHMED CHOUDHURY & ORS.versusHABIBUR RAHMAN (DEAD) THROUGH LRS & ORS.
2025 INSC 55323 April 2025Appeal(s) allowed
The plaintiffs, heirs of Siraj Uddin Choudhury, claimed title to land based on a 1958 registered Gift Deed executed by their grandfather. The defendants later executed a sale deed on 5 May 1997, which the plaintiffs alleged was void because the vendors lacked title. The trial court and first appellate court upheld the …
SMT. SHANTI DEVI L. SINGH AND ANR.versusTAX RECOVERY OFFICER AND ORS.
1990 INSC 15223 April 1990Appeal(s) allowed
The petitioners purchased immovable property at auction sales conducted by the Tax Recovery Officer (TRO) for recovery of income‑tax and were issued certificates of sale. They approached the Sub‑Registrar to register the certificates, but the Sub‑Registrar and the Collector of Stamps refused unless stamp duty was paid.…
SITA RAM BHAMAversusRAMVATAR BHAMA
2018 INSC 26023 March 2018Case Partly allowed
The father of the parties, a self‑acquired owner of a house and a shop, decided to divide his property on 25‑Oct‑1992 but died on 10‑Sep‑1993. The surviving brothers recorded a memorandum of settlement on 9‑Sep‑1994, signed by their mother and sisters, allocating the entire property between them. The plaintiff sued for…
KEWAL KRISHANversusRAJESH KUMAR & ORS. ETC
2021 INSC 76522 November 2021Appeal(s) allowed
Kewal Krishan executed a power of attorney in favour of his brother Sudarshan Kumar, who then executed two sale deeds on 10 April 1981 transferring parts of the suit properties to his minor sons and wife for Rs 5,500 and Rs 6,875. The appellant sued for injunction and later amended the suits to seek a declaration that …
GOPI @ GOVERDHANNATH (D) BY LRS. & ORS.versusSRI BALLABH VYAS
2022 INSC 100022 September 2022Dismissed
The respondent, Ballabh Vyas, claimed ownership of a small shop (Mulgi) based on a registered sale deed dated 27 June 1985 and sought eviction of the appellants, who were tenants succeeding the original lessee Balraj. The appellants denied the respondent’s title, asserting that Balraj had purchased the property for Rs.…
VINOD INFRA DEVELOPERS LTD.versusMAHAVEER LUNIA & ORS.
2025 INSC 77222 May 2025
Vinod Infra Developers Ltd., the owner of agricultural land, sued Mahaveer Lunia and others for declaration, possession and injunction after the respondents executed sale deeds despite the appellant's revocation of a power of attorney and board resolution. The respondents filed an Order VII Rule 11 application seeking …
BRIJ RAJ SINGH (DEAD) BY LRS. AND ORS.versusSEWAK RAM AND ANR.
1999 INSC 19722 April 1999Appeal(s) allowed
The plaintiff, legal representatives of the deceased Brij Raj Singh, sued the defendants for possession of land on the basis of a registered gift deed dated 18‑Jan‑1961, executed by the donor Kanwar Chander Raj Saran Singh and presented for registration by a duly authorised attorney. The trial court held the deed valid…
KHUSHI RAM & ORS.versusNAWAL SINGH & ORS.
2021 INSC 10622 February 2021Dismissed
The case concerned a consent decree dated 19‑08‑1991 that confirmed a family settlement whereby Smt. Jagno, a Hindu widow, transferred her half‑share in agricultural land to her nephews. The appellants challenged the decree on two grounds: (i) that the decree should have been registered under Section 17 of the Indian R…
MATHAI SAMUEL AND ORS.versusEAPEN EAPEN (DEAD) BY LRS. AND ORS.
2012 INSC 52621 November 2012Appeal(s) allowed
The appeal concerned whether the recitals in Exhibit A1, particularly item 1 of Schedule 8, created a testamentary disposition (a Will) or a settlement/gift that vested rights in the plaintiffs during the executants' lifetimes. The Supreme Court examined the nature of the composite document, distinguishing between test…
THE STATE OF PUNJAB AND ORS.versusM/S. MAHAJAN SABHA, GURDASPUR AND ORS.
1995 INSC 76321 November 1995Appeal(s) allowed
The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or registration charges, a…
GURBAX SINGH S/O CHANDA SINGHversusFINANCIAL COMMISSIONER AND ANR.
1990 INSC 29621 September 1990Appeal(s) allowed
The appellant, a retired army subedar and displaced person, bought a 7‑kanal parcel of land in a public auction in 1967 and was issued a sale certificate in 1973, making him the legal owner under the Displaced Persons Compensation and Rehabilitation Rules. The second respondent, also a displaced person, claimed continu…
PRABHAKAR GONES PRABHU NAVELKAR (DEAD) THROUGH LRS & ORS.versusSARADCHANDRA SURIA PRABHU NAVELKAR (DEAD) THROUGH LRS. & ORS.
2019 INSC 93321 August 2019Dismissed
The dispute concerned two ancestral lands in Goa, "M" and "B", originally owned by the grandfather of brothers Suriaji and Gones. A 1915 sale deed conveyed portions of the lands to Suriaji, with an accompanying 1919 settlement deed stating that Suriaji had paid half the price on behalf of Gones and would transfer Gones…
ANTHONYversusKC ITTOOP AND SONS AND ORS.
2000 INSC 34821 July 2000Appeal(s) allowed
Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district court held that despite …
ARUNKUMAR H SHAH HUFversusAVON ARCADE PREMISES CO-OPERATIVE SOCIETY LIMITED & ORS.
2025 INSC 52421 April 2025Dismissed
The appellant, Arun H Shah HUF, challenged an ex parte certificate of deemed conveyance issued by the competent authority under Section 11 of the Maharashtra Ownership Flats Act, which granted the first respondent cooperative society title to the entire larger plot subject to a condition that it execute a permanent lea…
MOTURU NALINI KANTHversusGAINEDI KALIPRASAD (DEAD, THROUGH LRS.)
2023 INSC 100420 November 2023Dismissed
The appellant, Moturu Nalini Kanth, filed a suit as a minor claiming absolute title to the properties of the deceased Venkubayamma based on a registered will dated 03.05.1982 and a registered adoption deed dated 20.04.1982. The trial court upheld the suit, but the Andhra Pradesh High Court reversed the decision, holdin…
APPAIYAversusANDIMUTHU @ THANGAPANDI & ORS.
2023 INSC 83520 September 2023Appeal(s) allowed
The appellant purchased a two‑acre property in 1963 from Puliyankaladi, who had earlier acquired it through a registered sale deed (Exhibit A1) dated 27‑08‑1928. The trial court and the first appellate court held that the certified copy of Exhibit A1, a public document, was admissible as secondary evidence to prove the…
PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA AND ANOTHERversusRAGINI NARAYAN AND ANOTHER
2016 INSC 89120 September 2016Dismissed
The case concerned a declaration suit filed by Ragini Narayan seeking to be recognized as the Donor Trustee of the B.M.S. Educational Trust after the death of her husband, the original Donor Trustee B.S. Narayan. The dispute centered on a 1994 amendment to the trust deed that provided for succession by the senior most …
SHAKEENA & ANR.versusBANK OF INDIA & ORS.
2019 INSC 92220 August 2019Dismissed
The appellants had taken term loans from Bank of India which later became non‑performing, prompting the bank to invoke sections 13(2) and 13(4) of the SARFAESI Act and take constructive possession of the mortgaged property. After a public auction on 19 December 2005, the highest bidder was issued a sale certificate on …
M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.
2011 INSC 50820 July 2011
The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought appointment of an arbitrato…
MANJABAI KRISHNA PATIL (D) BY LRS.versusRAGHUNATH REVAJI PATIL AND ANR.
2007 INSC 17620 February 2007Appeal(s) allowed
The appellants sold land to the respondents by a deed dated 29‑11‑1966, which was registered on 17‑12‑1966. On the same day the respondents executed a separate agreement of reconveyance, promising to return the land after five years upon receipt of the purchase price. The respondents failed to reconvey, leading the app…
SATISH KUMARversusZARIF AHMED AND ORS.
1997 INSC 17720 February 1997Appeal(s) allowed
The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease deed could not be a…
MUKESHversusTHE STATE OF MADHYA PRADESH & ANR
2024 INSC 102619 December 2024Appeal(s) allowed
The appellant, Mukesh, filed a suit claiming ownership and long possession of a small parcel of land in Madhya Pradesh and obtained a compromise decree confirming his pre‑existing right. The decree was used to seek mutation of the land in his name, but the Collector of Stamps levied stamp duty on the basis of Article 2…
MANSOOR SAHEB (DEAD) & ORS.versusSALIMA (D) BY LRS. & ORS.
[2024] 12 S.C.R. 92319 December 2024Dismissed
The case concerned a dispute over agricultural and house property owned by Sultan Saheb, who died in 1978. The plaintiffs claimed they were entitled to a one‑sixth share as heirs, while the defendants alleged that Sultan had partitioned the land among his sons during his lifetime and later gifted two portions to them. …
THE STATE OF PUNJAB & ANR.versusM/S FERROUS ALLOY FORGINGS P LTD. & ORS.
2024 INSC 89019 November 2024Dismissed
The State of Punjab appealed a High Court order that directed the original sale certificate of auction‑purchased property to be handed over to the purchaser and that the stamp duty deposited by the purchaser be refunded. The dispute arose from the liquidation of M/s Punjab United Forge Ltd., where M/s Ferrous Alloy For…
DLF UNIVERSAL LTD. AND ANR.versusDIRECTOR, T & C. PLANNING HARYANA AND ORS.
2010 INSC 79319 November 2010Appeal(s) allowed
The appellants, DLF Universal Ltd. and another, were licensed under the Haryana Development and Regulation of Urban Areas Act, 1975 to develop residential colonies and entered into private agreements with plot and flat buyers that included clauses for extension fees and maintenance charges. The Director, Town and Count…
DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.
2020 INSC 49719 August 2020Dismissed
Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a deed of confirmation…
IBRAHIMPATNAM TALUK VYAVASAY COOLIE SANGHAMversusK. SURESH REDDY AND ORS.
2003 INSC 40319 August 2003Disposed off
The case concerned validation certificates issued by Tahsildars for transfers of agricultural land that were later cancelled by the Joint Collector exercising suo‑motu power under Section 50‑B(4) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act. The appellants argued that the Collector could act…
KAUSHIK PREMKUMAR MISHRA & ANR.versusKANJI RAVARIA @ KANJI & ANR.
2024 INSC 54019 July 2024Appeal(s) allowed
The appellants purchased half of a 3.40‑hectare land from respondent No.2 in 1985, and a sale deed was executed on 02‑12‑1985 but remained unregistered due to stamp‑duty deficiency until 14‑06‑2011. Respondent No.2 later executed a second conveyance in 2010 in favour of respondent No.1 for the same land, leading the ap…
AHMEDSAHEB (D) BY LRS. & ORS.versusSAYED ISMAIL
2012 INSC 29019 July 2012Appeal(s) allowed
The appellants filed three suits (1974, 1977, 1980) for recovery of rent arrears covering October 1971 to November 1980. The trial court decreed in their favour and the decree was affirmed by a lower appellate court. The High Court set aside the decree on the sole ground that the rent deed (Exhibit‑69) was not register…
GWALIOR DEVELOPMENT AUTHORITY AND ANOTHERversusBHANU PRATAP SINGH
2023 INSC 39319 April 2023Appeal(s) allowed
The Gwalior Development Authority (GDA) invited bids in 1997 to lease a plot of 27,887.50 sq. meters under a transport city scheme. The highest bidder, Bhanu Pratap Singh, was allotted the land and required to pay the consideration in four instalments by October 1999, but he completed payment only in August 2005. The p…
JUGAL KISHORE KHANNA (D) THR. LRS. & ANR.versusSUDHIR KHANNA & ORS.
2024 INSC 22419 March 2024
The dispute involved two properties originally purchased by Roop Kishore Khanna (RKK) for the joint Hindu family of his father Tek Chand Khanna. After RKK's death, his brother Attar Chand Khanna's (ACK) heirs claimed a 50% share in the Kamla Nagar property, alleging it remained joint family property, while the appellan…
GURCHARAN SINGH & ORS.versusANGREZ KAUR & ANR.
2020 INSC 31419 March 2020Appeal(s) allowed
The appellants, Gurcharan Singh and others, obtained a decree on 9 January 1995 confirming their ownership of a suit land based on a registered will (dated 2 September 1986) and a family settlement (dated 15 June 1994) executed by the sole defendant, Bhajan Singh. Bhajan Singh had admitted these facts in his statement …
MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.
1995 INSC 6619 January 1995Appeal(s) allowed
Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the District Registrar; the a…
B. SANTOSHAMMA & ANR.versusD. SARALA & ANR.
2020 INSC 55618 September 2020Dismissed
The Supreme Court dismissed the appeals filed by the vendor, upholding the lower courts' decree that the vendee was entitled to specific performance of the sale agreement for the remaining 200 square yards of land after the vendor had already conveyed 100 square yards to a third party. The court found that the vendee h…
CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA
2020 INSC 49418 August 2020Dismissed
The Centre for Public Interest Litigation filed a writ petition seeking a fresh National Disaster Management Plan, specific minimum relief standards, and direction to use the National Disaster Response Fund (NDRF) for COVID-19, as well as to channel all contributions to the NDRF instead of the PM CARES Fund. The Court …
RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.
2011 INSC 59318 August 2011Appeal(s) allowed
The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the suits on the ground tha…
RAJ KUMARI AND OTHERSversusSURINDER PAL SHARMA
2019 INSC 138817 December 2019Appeal(s) allowed
The appellant Raj Kumari filed a partition suit claiming a one‑fourth share in a tenement allotted to her mother Suhagwanti. The respondent Surinder Pal Sharma defended the suit by producing a registered Will dated 02‑01‑1992, allegedly executed by Suhagwanti in his favour and attested by Ramesh Kumar (the appellant's …
AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA
2008 INSC 146517 December 2008Dismissed
The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery of the consideratio…
BAHADURSINH LAKHUBHAI GOHILversusJAGDISHBHAI M. KAMALIA AND ORS.
2003 INSC 72817 December 2003Dismissed
An auction was held by the Bombay Provincial Municipal Corporation (then Gujarat) in 1951 for a 99‑year lease of a vacant plot. The highest bidder, Shri Vajubha (predecessor of the appellant), paid only part of the premium and was given a three‑month extension to pay the balance, with a condition that failure would can…
SIRI CHAND (DECEASED) THR. LRS.versusSURINDER SINGH
2020 INSC 43117 June 2020Appeal(s) allowed
The landlord filed an eviction application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging arrears of rent and house tax. The Rent Controller held that the rent note was not signed by both parties, was not a lease requiring compulsory registration, and ordered eviction. The Appellate Cour…
RATTAN SINGH & ORS.versusNIRMAL GILL & ORS. ETC.
2020 INSC 64116 November 2020Appeal(s) allowed
The Supreme Court examined civil suits filed by Joginder Kaur (deceased) represented by Nirmal Gill, seeking to declare a 1990 General Power of Attorney (GPA) and related sale deeds as fraudulent and void. The lower courts had held the documents genuine, but the High Court reversed that finding, declaring them forged. …
PRAKASH & ORS.versusPHULAVATI & ORS.
2015 INSC 79316 October 2015Disposed off
The Supreme Court examined whether the Hindu Succession (Amendment) Act, 2005 (sections 6(1), 6(3), 6(5)) operates retrospectively. The appellant‑appellants argued that the amendment should not apply to a daughter whose father, a coparcener, died before the Act’s commencement, contending that the amendment is prospecti…
M. ANASUYDEVI AND ANR.versusM. MANIK REDDY AND ORS.
2003 INSC 55416 October 2003Appeal(s) allowed
The parties, members of a joint Hindu family, referred a dispute over partition of family property to an arbitral tribunal, which delivered an award on 31 May 1998 (corrected on 10 June 1998). The respondents filed petitions under Section 34(1) of the Arbitration and Conciliation Act, 1996 seeking to set aside the awar…
COMMISSIONER OF INCOME TAX, JAIPURversusSIREHMAL NAWALAKHA
2001 INSC 37216 August 2001Appeal(s) allowed
The respondent attempted to gift out‑houses attached to a building to his wife by an unregistered declaration dated 10 October 1966. The Gift Tax Officer rejected the claim, holding that Section 123 of the Transfer of Property Act, which requires a registered instrument for a gift of immovable property, was not complie…
SATISH & ORS.versusSTATE OF U.P. & ORS.
2009 INSC 92316 July 2009Disposed off
The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value of the land, and that…
NARENDRA KANTEversusANURADHA KANTE & ORS.
2009 INSC 130915 December 2009Dismissed
Narendra Kante filed a suit seeking declaration, permanent and mandatory injunctions concerning a property he claimed as ancestral, alleging that no valid partition had been effected and that a deed of family settlement dated 8 February 1967, which was not signed by all co‑sharers, could not be relied upon. The trial c…
ANANTHESH BHAKTA REPRESENTED BY MOTHER USHA A.BHAKTA & ORS.versusNAYANA S. BHAKTA & ORS.
2016 INSC 102615 November 2016Dismissed
The dispute concerned benefits under a retirement deed and a partnership deed of a beedi‑manufacturing firm, both containing arbitration clauses. The defendants filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 seeking to refer the matter to arbitration, but did not attach the origin…
P. RAVINDRANATH & ANR.versusSASIKALA & ORS.
2024 INSC 53315 July 2024Case Allowed
The plaintiffs entered into an agreement to sell a Bangalore property in 1981, paying an advance but failing to execute the sale deed within the stipulated three‑month period, citing a government restriction on registration. The defendants sent multiple notices demanding payment of the balance and eventually forfeited …
MEERA SAHNIversusLT. GOVERNOR OF DELHI & ORS.
2008 INSC 82815 July 2008Dismissed
The appellants purchased land that had been notified for acquisition under the Land Acquisition Act, 1894, and claimed that they had obtained prior permission under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972, to transfer the land. The High Court dismissed their review and writ petitions, holding …
SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.
2009 INSC 81815 May 2009Hearing Adjourned
Suraj Lamp & Industries Ltd. filed a Special Leave Petition challenging a High Court order that held Section 20 of the Right to Information Act, 2005 to be merely directory. The company alleged that its land purchase in Gurugram was effected through a sale agreement, General Power of Attorney and a will (SA‑GPA‑Will) r…
HARDESH ORES PVT. LTD.versusM/S HEDE & CO.
2007 INSC 57615 May 2007Dismissed
Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. denied renewal, leading t…
BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.
2007 INSC 59015 May 2007Appeal(s) allowed
The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found that the attesting …
THE CORRESPONDENCE, RBANMS EDUCATIONAL INSTITUTIONversusB. GUNASHEKAR & ANOTHER
2025 INSC 49015 April 2025Appeal(s) allowed
The R.B.A.N.M.S. Educational Institution, a charitable trust in possession of a Bangalore property since 1905, was sued by respondents who claimed a right to prevent the institution from alienating the land based on an alleged 2018 agreement to sell and an advance cash payment of Rs.75 lakh. The institution filed an ap…
G. SEKARversusGEETHA & ORS
2009 INSC 50315 April 2009Dismissed
The appeal arose from a partition suit concerning the self‑acquired property of the deceased Govinda Singh, who allegedly left a will in favour of his son (the appellant). The daughters contested the will’s validity and sought partition of the dwelling house. The key legal issue was the effect of the Hindu Succession (…
M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.
2009 INSC 50715 April 2009Appeal(s) allowed
The Residents Welfare Association, Noida sought stamp duty relief on deeds transferring leasehold rights of plots allotted by the Noida Authority to cooperative societies and subsequently to its members. The authorities demanded duty under Article 23 of Schedule 1‑B of the U.P. Stamp Act based on the current market val…
STATE OF HIMACHAL PRADESH AND ORS.versusM/S. SHIVALIK AGRO POLY PRODUCTS AND ORS.
2004 INSC 52014 September 2004Appeal(s) allowed
The plaintiffs, Mis. Shivalik Agro Poly Products Ltd. and others, were allotted an industrial plot and, to secure loans, executed a mortgage deed that required payment of stamp duty and registration fees as per a Himachal Pradesh Government notification under Sections 78 and 79 of the Registration Act. They sued to dec…
RAJ KUMAR DEY AND OTHERSversusTARAPADA DEY AND OTHERS
1987 INSC 24814 September 1987
The appellants and respondent entered into a partition agreement which was referred to arbitration; the arbitrators rendered an award on 28 November 1977. The award was filed in court on 28 January 1978 and an interim injunction was issued on 26 July 1978, keeping the award in the court's custody until the injunction w…
BISWABANI(P.) LTD.versusSANTOSH KUMAR DUTIA AND ORS.
1979 INSC 18314 September 1979Appeal(s) allowed
Biswabani Pvt. Ltd. occupied Kalpana Theatre under a registered lease (1948‑53) and later under a consent decree that attempted to create a fresh five‑year lease starting March 1955. The fresh lease was not registered, rendering it void under the Transfer of Property Act. After the five‑year period expired in February …
K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.
2008 INSC 66614 May 2008Dismissed
The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The appellants later sued …
BINA MURLIDHAR HEMDEV AND ORS.versusKANHAIYALAL LAKRAM HEMDEV AND ORS.
1999 INSC 25714 May 1999Appeal(s) allowed
The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various partners, argued he w…
SOBHA HIBISCUS CONDOMINIUMversusMANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD. & ANR
2020 INSC 18914 February 2020Directions issued
The Sobha Hibiscus Condominium, a statutory body created under the Karnataka Apartment Ownership Act, 1972, filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against the managing director of Sobha Developers Ltd. The NCDRC dismissed the complaint, holding that the condominium was neit…
SMT. SEEMAversusASHWANI KUMAR
2006 INSC 8314 February 2006
The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for voluntary registrati…
CELIR LLPversusMR. SUMATI PRASAD BAFNA & ORS.
2024 INSC 97813 December 2024Directions issued
The Supreme Court considered contempt petitions filed by the successful auction purchaser (Celir LLP) against the original borrower, a subsequent transferee, and the bank, alleging wilful disobedience of the Court’s 21 September 2023 judgment that confirmed the 9th auction of a secured asset and directed issuance of a …
RAMNATH AGRAWAL & ORS.versusFOOD CORPORATION OF INDIA & ORS.
2020 INSC 39513 May 2020Dismissed
In 1976 the Food Corporation of India (FCI) invited offers to construct godowns on private land and subsequently lease them. The appellants' offer was accepted and an agreement dated 16‑12‑1976 required them to build six godowns, after which FCI would take possession on lease, subject to a completion certificate and sa…
HARENDRA H. MEHTA AND ORS.versusMUKESH H. MEHTA AND ORS.
1999 INSC 25013 May 1999Dismissed
Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator rendered an award in New…
RAGHWENDRA SHARAN SINGHversusRAM PRASANNA SINGH (DEAD) BY LRS
2019 INSC 35713 March 2019Appeal(s) allowed
The plaintiff and his brother executed a registered gift deed in 1981 transferring land to the appellant, the appellant's son. Neither the plaintiff nor his brother contested the deed for about 22 years; the appellant filed a partition suit in 2001, in which the plaintiff was a defendant. In 2003 the plaintiff filed a …
CHANDRAKANT SHANKARRAO MACHALEversusPARUBAI BHAIRU MOHITE
2008 INSC 34913 March 2008Dismissed
The appellant obtained possession of a house under a registered deed of mortgage dated 28‑02‑1983 for a term of seven years. After the term expired, the mortgagor (respondent) served notice for redemption and filed a suit. The appellant contended that a later unregistered agreement had converted his possession into a t…
MANIK MAJUMDER AND OTHERSversusDIPAK KUMAR SAHA (DEAD) THROUGH LRS. & OTHERS
2023 INSC 3413 January 2023Matter referred to larger bench
The plaintiffs sought a declaration of title over land based on two sale deeds dated 3 September 1968 and 29 September 1968, the first executed by plaintiff 2 as an attorney of the original owner who allegedly executed a power of attorney (PoA) in East Pakistan. The trial court and the first appellate court dismissed t…
GANDURI KOTESHWARAMMA & ANR.versusCHAKIRI YANADI & ANR.
2011 INSC 75712 October 2011Appeal(s) allowed
A suit for partition of a Mitakshara coparcenary property was filed by a son (respondent No.1) against his father, brother and two sisters (the appellants). The trial court passed a preliminary decree in 1999, amended in 2003, determining the parties' shares, but a final decree had not been rendered. While the suit was…
M/S. K.B. SAHA & SONS PVT. LTD.versusM/S. DEVELOPMENT CONSULTANT LTD.
2008 INSC 63912 May 2008Dismissed
MIS. K.B. Saha & Sons Pvt. Ltd. (landlord) leased a flat to MIS. Development Consultant Ltd. (tenant) for the residential use of a named officer, Mr. Keshab Das, under a memorandum dated 30‑03‑1976. After Mr. Das vacated, the tenant sought to allot the premises to another employee, prompting the landlord to file suits …
CHANDRIKA SINGH (DEAD) THR. L.RS.versusARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.
2006 INSC 32112 May 2006Appeal(s) allowed
Arvind Kumar Singh sold land to Paras Sah, whose deed was registered on 14 June 1984. Paras Sah then executed a second sale deed in favour of Ghurla Kuer, which was not registered until 31 August 1984. Chandrika Singh, a raiyat of adjoining lands, filed a pre‑emption application on 17 July 1984 under Section 16(3) of t…
S. KALADEVIversusV.R. SOMASUNDARAM AND ORS.
2010 INSC 20512 April 2010Appeal(s) allowed
The appellant, S. Kaladevi, filed a suit for specific performance of a sale agreement for an immovable property, seeking execution of a fresh sale deed and an injunction. The sale deed dated 27‑02‑2006 had been executed but could not be registered because of an attachment on the property, and the trial court refused to…
DALIBEN VALJIBHAI & ORS.versusPRAJAPATI KODARBHAI KACHRABHAI & ANR.
2024 INSC 104911 December 2024Appeal(s) allowed
The appellants filed a suit in 2017 seeking cancellation of a sale deed dated 04‑12‑2004, alleging fraud and claiming they only became aware of the deed on 31‑03‑2017 when a revenue notice was issued. The defendants moved to dismiss the suit under Order 7 Rule 11 of the CPC, arguing that the suit was barred by the thre…
SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.
2011 INSC 73911 October 2011Disposed off
The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to facilitate black‑mo…
BHOOP SINGHversusRAM SINGH MAJOR AND ORS.
1995 INSC 55311 September 1995Dismissed
The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts dismissed the petit…
SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.
1995 INSC 55711 September 1995Disposed off
The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The Supreme Court held tha…
VINEETA SHARMAversusRAKESH SHARMA & ORS.
2020 INSC 48711 August 2020Directions issued
The Supreme Court examined the interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by the Hindu Succession (Amendment) Act, 2005. It held that the amendment confers coparcenary status on daughters—whether born before or after the amendment—on and from 9 September 2005, giving them the same rights a…
BHAGWAN DASS AND ANR.versusKAMAL ABROL AND ORS.
2005 INSC 27311 May 2005Disposed off
The Supreme Court examined an appeal concerning the allotment of a LPG dealership in Kangra district, Himachal Pradesh. The eligibility notice required the applicant to be a "resident" of Kangra, but the respondent argued that her marital connection to a husband owning property there satisfied the criterion. The trial …
GURBAX SINGHversusKARTAR SINGH AND ORS.
2002 INSC 7411 February 2002Dismissed
Jamail Singh executed two sale deeds on the same day, one (Ex P-2) at 10:00 a.m. and the other (Ex D-1) with no time recorded. Lower courts found that Ex P-2 was executed earlier and therefore should have priority over Ex D-1. The Punjab and Haryana High Court affirmed this finding and dismissed the appeal against it. …
S.V. CHANDRA PANDIAN AND ORS.versusS.V. SIVALINGA NADAR AND ORS.
1993 INSC 411 January 1993Appeal(s) allowed
Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of court; the Division …
DLF LIMITEDversusMANMOHAN LOWE AND OTHERS
2013 INSC 82010 December 2013Appeal(s) allowed
The apartment owners of Silver Oaks Apartments filed a writ petition seeking to quash DLF Limited's declaration under the Haryana Apartment Ownership Act, alleging that the declaration omitted certain community and commercial facilities as "common areas and facilities". The High Court held that the owners were entitled…
DINAJI AND ORS.versusDADDI AND ORS.
1989 INSC 34410 November 1989Appeal(s) allowed
The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the appellant, who sued for …
RASHEEDA KHATOON (D) THROUGH LRS.versusASHIQ ALI S/O LT. ABU MOHD (D) THROUGH LRS.
2014 INSC 70110 October 2014Dismissed
The case concerned an alleged oral gift (hiba) of a house by Abdul Haq, a Muslim, to Rasheeda Khatoon about seven years before his death. After Haq's death, his heirs sought possession, prompting Rasheeda to file a suit for declaration of ownership. The trial court and first appellate court held the oral gift valid, de…
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA)versusARMY WELFARE HOUSING ORGANIZATION & ORS.
2010 INSC 59810 September 2010Disposed off
The New Okhla Industrial Development Authority (NOIDA) allotted land to several housing societies, including the Army Welfare Housing Organization (AWHO), under a 99‑year lease deed that required the societies to construct residential buildings. After the societies built the super‑structures, NOIDA issued notices direc…
VEENA SINGH (DEAD) THROUGH LRversusTHE DISTRICT REGISTRAR/ADDITIONAL COLLECTOR (F/R) AND ANOTHER
2022 INSC 54410 May 2022Appeal(s) allowed
The appellant, Veena Singh, alleged that she was forced to sign a sale deed for land and that the deed was fraudulent, undervalued and included her residential house. The Sub‑Registrar refused registration under Section 35(3)(a) of the Registration Act because the appellant denied execution of the deed, although she ad…
R. HEMALATHAversusKASHTHURI
2023 INSC 33610 April 2023Dismissed
The appellant (original defendant) challenged the High Court's order that an unregistered Agreement to Sell, executed on 10‑09‑2013, could be admitted as evidence in a suit for specific performance. The dispute centered on whether the Tamil Nadu Amendment Act, 2012, which made agreements to sell immovable property of R…
GARWARE WALL ROPES LTD.versusCOASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD.
2019 INSC 51110 April 2019Appeal(s) allowed
Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…
THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED ANDversusS. N. RAJ KUMAR AND ANOTHER
2018 INSC 32310 April 2018Dismissed
The Andhra Pradesh Industrial Infrastructure Corporation (APIC) allotted industrial plots to transport entrepreneurs with a condition that units be established within two years, failure of which would lead to cancellation. The parties later executed sale deeds transferring absolute marketable title to the respondents a…
ROSAMMAL ISSETHEENAMMAL FERNANDEZ (DEAD) BY LRS. AND ORS.versusJOOSA MARIYAN FERNANDEZ AND ORS.
2000 INSC 3929 August 2000Case Partly allowed
The appellant filed a suit for partition of property claiming a two‑fifths share based on a custom that sons and daughters inherit equally among Roman Catholic Christians of the Latin rite. The appellant also contested the validity of a gift deed (Exhibit B‑1) and a settlement deed (Exhibit B‑2), alleging they were for…
MAHARAJ SINGH & ORS.versusKARAN SINGH (DEAD) THR. LRS. & ORS.
2024 INSC 4919 July 2024Case Partly allowed
The case concerned a registered agreement for sale of 2.90 acres of land executed in 1981, which the plaintiffs sought to enforce by specific performance. The defendants argued that the agreement was a sham, forged, and that they were bona‑fide purchasers without notice of the agreement. The Supreme Court held that Sec…
STATE OF HARYANA & ORS.versusMANOJ KUMAR
2010 INSC 1359 March 2010Appeal(s) allowed
The State of Haryana filed an appeal after the High Court, exercising its supervisory jurisdiction under Article 227, set aside the District Collector’s order directing Manoj Kumar to pay differential stamp duty on a commercial plot that had been sold at a price lower than the circle rate. The sale deed was executed fo…
T.G. ASHOK KUMARversusGOVINDAMMAL AND ANR.
2010 INSC 8638 December 2010Case Partly allowed
The appellant, T.G. Ashok Kumar, purchased a plot from the second respondent in 1990, unaware of a pending partition suit filed by the first respondent. The partition suit, which was not collusive, was decreed in 1994 and finally divided the property such that three‑quarters went to the first respondent and one‑quarter…
S.P. GOELversusCOLLECTOR OF STAMPS
1995 INSC 8638 December 1995Dismissed
S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection Act, 1986, alleging…
YELLAPU UMA MAHESWARI &ANR.versusBUDDHA JAGADHEESWARARAO & ORS.
2015 INSC 7558 October 2015Case Partly allowed
In a partition suit, the defendants sought to introduce two unregistered documents (Exhibit B‑21, a deed of memorandum, and Exhibit B‑22, an agreement) to prove the division of property. The trial court and the Andhra Pradesh High Court held the documents inadmissible, reasoning that they were compulsorily registerable…
D.R. RATHNA MURTHYversusRAMAPPA
2010 INSC 6968 October 2010Dismissed
The appellant purchased a plot of land on 23 April 1986 and sold it the next day to the respondent by a registered sale deed. In 1991-92 the appellant claimed the deed was conditional, asserting that the word "Avadhi" and a clause allowing repurchase within ten years had been inserted after execution. The trial court, …
HAR NARAIN (DEAD) BY LRS.versusMAM CHAND (DEAD) BY LRS. AND ORS.
2010 INSC 7008 October 2010Appeal(s) allowed
The appellant, the legal representatives of the deceased Har Narain, entered into an agreement for sale of eight kanals of land with the owner, Mam Chand, who later executed a sale deed in favour of respondents 2‑6 on 2 August 1971. The deed was registered on 3 September 1971, after the appellant had filed a suit for s…
BAJAJ AUTO LIMITEDversusBEHARI LAL KOHLI
1989 INSC 2308 August 1989Dismissed
The landlord (respondent) leased premises to Bajaj Auto Ltd (appellant) under an unregistered lease deed that prohibited sub‑letting without the landlord’s written consent, but allowed assignment to associate concerns without consent. Bajaj Auto sub‑let the premises to United Automobiles, its authorised dealer, without…
THE STATE OF MADHYA PRADESH & ORS.versusSMT. KALLO BAI
2017 INSC 12878 May 2017Dismissed
In State of Madhya Pradesh v. Kallo Bai, the owner of a tractor and trolley used to transport teak without a permit was seized and a confiscation order was made under Section 15 of the Madhya Pradesh Van Upaj (Vyapar Viniyam) Adhiniyam, 1969. The lower courts held that confiscation could not occur until the accused’s g…
STATE OF WEST BENGAL & ANR.versusWEST BENGAL REGN. COPY WRITERS ASSN. & ANR.
2009 INSC 7618 May 2009Appeal(s) allowed
The members of the West Bengal Registration Copywriters' Association were licensed under the West Bengal Registration (Copywriters) Rules, 1982/1999 to prepare true copies of documents for registration. They sought to be absorbed as regular Lower Division Clerks (LDCs) on the basis of parity with the earlier absorbed "…
M/S. TARAKNATH AND ANR.versusSUSHIL CHANDRA DEY BY LRS. AND ORS.
1996 INSC 4958 April 1996Appeal(s) allowed
The property of the late Syed Md. Mahibullah passed to his widow, five daughters and five sons. After the widow's death, the five sisters relinquished their shares in favour of their five brothers, an oral gift that the Supreme Court held to be valid under Muslim personal law with constructive delivery deemed sufficien…
S. NAGARAJ (DEAD) BY LRS. & ORS.versusB.R. VASUDEVA MURTHY & ORS. ETC. ETC.
2010 INSC 888 February 2010Disposed off
The Supreme Court examined a dispute arising from the Mysore Inam Abolition Act, 1954, where two inamdars applied for occupancy registration of land that the State had meanwhile granted to a teachers' association (Sangha) for house sites. The inamdars settled their suit with the Sangha, withdrew their claim, and later …
AMUDHAVALI & ORS.versusP. RUKUMANI & ORS.
2021 INSC 8327 December 2021Disposed off
The appellants bought a 3.46‑cent land parcel from the original owners (respondents 1‑4) through a registered sale deed dated 09‑03‑2005, executed by a power of attorney holder (respondent 7). The original owners later executed a cancellation deed on the same date, got it registered on 20‑09‑2007, and filed a civil sui…
SAMIULLAHversusTHE STATE OF BIHAR & ORS.
2025 INSC 12927 November 2025Appeal(s) allowed
The appellants challenged the Bihar Registration Rules, 2008 amendments that introduced sub‑rules (xvii) and (xviii) to Rule 19, which made the production of jamabandi or holding‑allotment proof a condition precedent for registering sale or gift documents. The High Court of Patna dismissed the writ petitions, holding t…
HAMDA AMMALversusAVADIAPPA PATHAR AND 3 OTHERS
1990 INSC 3417 November 1990Appeal(s) allowed
The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, later obtaining a decre…
V. PRABHAKARAversusBASAVARAJ K. (DEAD) BY LR. & ANR.
2021 INSC 6267 October 2021Appeal(s) allowed
The appellant sought declaration and possession of a house based on a registered Will (Exhibit P4) executed by the deceased in his favour, which was attested by his brother and witnessed by his sister. The respondents admitted the existence of Exhibit P4 but contested it by producing an unregistered Will (Exhibit D1) a…
OMPRAKASHversusLAXMINARAYAN & ORS.
2013 INSC 6857 October 2013Appeal(s) allowed
The plaintiffs filed a suit for specific performance, possession and injunction based on an agreement to sell dated 27 December 2000, which recited that physical possession of the land had been handed over to them. The defendants denied the execution of the agreement and the delivery of possession. The trial court held…
STATE OF HARYANA & OTHERSversusNAVIR SINGH AND ANOTHER
2013 INSC 6877 October 2013Appeal(s) allowed
CHARAN DASS (DEAD) BY L.RS.versusH.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ORS.
2009 INSC 11127 September 2009Case Partly allowed
The State of Himachal Pradesh acquired land for a housing colony and issued a notification under the Land Acquisition Act, 1894. The Collector’s award of compensation was challenged by the landowners, who obtained a higher valuation from the District Judge based on sale deeds. The Housing Board appealed, and the Himach…
STATE OF RAJASTHAN AND ORS.versusBASANT NAHATA
2005 INSC 4067 September 2005Dismissed
The respondent, Basant Nahata, sought registration of a power of attorney, which the Sub‑Registrar refused under a Rajasthan Government notification issued pursuant to Section 22‑A of the Indian Registration Act. The notification declared such documents "opposed to public policy" and barred their registration. The resp…
THAKUR KISHAN SINGH (DEAD)versusARVIND KUMAR
1994 INSC 3647 September 1994Dismissed
The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse possession. The Supre…
MAHNOOR FATIMA IMRAN & ORS.versusM/S VISWESWARA INFRASTRUCTURE PVT LTD. & ORS.
2025 INSC 6467 May 2025Disposed off
The dispute concerned 53 acres of land in Survey No.83/2, claimed by the original owners (appellants) and by M/s Visweswara Infrastructure Pvt Ltd. (respondents) who relied on sale agreements dated 19 March 1982 that were never registered. The appellants argued that the unregistered agreements could not convey title an…
S. NOORDEENversusV.S. THIRU VENKITA REDDIAR AND ORS.
1996 INSC 2037 February 1996Dismissed
The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree dated 3 April 1954 and …
WESTERN PRESS PVT. LTD., MUMBAIversusTHE CUSTODIAN AND ORS.
2000 INSC 5726 December 2000Dismissed
Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree ordering the respondent…
PATEL NATWARLAL RUPJIversusSHRI KONDH GROUP KHETI VISHAYAK AND ANR
1995 INSC 8516 December 1995Dismissed
The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment but before judgment…
SOM DEV AND ORS.versusRATI RAM AND ANR.
2006 INSC 5846 September 2006Dismissed
The plaintiff, Som Dev, claimed a right of pre-emption over a half‑share of immovable property, relying on a decree dated 10‑10‑1980 that recognised a family settlement whereby co‑owner Sheo Ram had relinquished his share in favour of the plaintiff and his brother. The defendants argued that the decree created a new ri…
RAJAMMAL AND ANR.versusMOOKAN @ PERIA PERUMAL THEVAL & ORS.
1981 INSC 1366 August 1981Dismissed
The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in 1960 by a registered sa…
KARAN KAPOORversusMADHURI KUMAR
2022 INSC 6616 July 2022Appeal(s) allowed
The appellant, Karan Kapoor, was a tenant of a residential property owned by the respondent, Madhuri Kumar, under lease agreements from 2011 to 2014. After the lease expired, the appellant stopped paying rent and the respondent filed a suit for possession, rent, and mesne profits. The appellant claimed that subsequent …
RIPUDAMAN SINGHversusTIKKA MAHESHWAR CHAND
2021 INSC 3206 July 2021Appeal(s) allowed
The appellant and respondent, brothers and heirs of the deceased, were involved in a suit for possession of land based on a will. During the suit, the parties reached a compromise that allocated additional land not originally in dispute, resulting in a compromise decree. The issue before the Supreme Court was whether s…
K. GOPIversusTHE SUB-REGISTRAR & ORS.
2025 INSC 4626 April 2025Appeal(s) allowed
The appellant, K. Gopi, sought registration of a sale deed executed by Jayaraman Mudaliyar, but the Sub‑Registrar refused on the ground that the vendor’s title was not established. The High Court upheld the refusal, relying on Rule 55A(i) of the Tamil Nadu Registration Rules, and dismissed the appellant’s writ petition…
CORPORATION OF INDIA AND ANOTHERversusM/S. V.K. TRADERS AND OTHERS
2020 INSC 2866 March 2020Appeal(s) allowed
The Food Corporation of India (FCI) blacklisted several rice mills for supplying sub‑standard rice and barred them from receiving paddy for custom milling. To evade the ban, the mill owners executed unregistered lease deeds transferring the mills to new partnership or proprietorship firms, which then applied for paddy …
N.KHOSLAversusRAJLAKSHMI (DEAD) AND ORS.
2006 INSC 1386 March 2006Appeal(s) allowed
The father of the parties gifted three plots of his ancestral property to his three daughters, but later revoked the gift and paid each daughter Rs.10,000 in cash. After the father's death, the sons partitioned the entire property among themselves, leading the daughters to claim the gifted plots. The dispute was referr…
THARAMMEL PEETHAMBARAN AND ANOTHERversusT. USHAKRISHNAN AND ANOTHER
2026 INSC 1346 February 2026Dismissed
The plaintiff, sister of the first defendant, executed a limited Power of Attorney (PoA) on 31 July 1998, which she later cancelled after learning that the first defendant had used it to sell her immovable properties to the second and third defendants on 15 March 2007. The plaintiff alleged that the PoA presented by th…
PHOOL PATTI AND ANR.versusRAM SINGH (DEAD) THROUGH LRS. & ANR.
2015 INSC 46 January 2015Case Partly allowed
The dispute concerned 52 kanals of land owned by Bhagwana, of which 20 kanals were self‑acquired and 32 kanals were ancestral. Bhagwana, by a consent decree dated 24 November 1980, transferred the entire property to his nephew Ram Singh, acknowledging a family settlement for the ancestral portion. The daughters of Bhag…
ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD.versusTHE STATE OF JHARKHAND & ORS.
2025 INSC 13895 December 2025Appeal(s) allowed
The appellant, a cooperative society registered under the Jharkhand Self‑Supporting Cooperative Societies Act, sought exemption from stamp duty on a land transfer to its members under Section 9A of the Stamp (Bihar Amendment) Act, 1988. The State, through a memorandum issued by the Principal Secretary, Department of Re…
KALAVAKURTI VENKATA SUBBAIAHversusBALA GURAPPAGARI GURVI REDDY
1999 INSC 3095 August 1999Dismissed
The appellant executed a sale deed in favour of the respondent but refused to cooperate for its registration. The respondent filed a suit for specific performance seeking registration of the deed, along with injunction or possession of the immovable property. The trial court held that the suit was not maintainable unde…
SHYAM LALversusDEEPA DASS CHELA RAM CHELA GARIB DASS
2016 INSC 4965 July 2016Appeal(s) allowed
Shyam Lal held an agricultural lease from 29 May 1996 to 28 May 2005, but the lease was not registered. After the lease expired he continued to occupy the land and filed a suit for injunction to restrain the landlord from ousting him. The landlord cross‑claimed a mandatory injunction for vacation, arguing that the tena…
SUBRAYA M.N.versusVITTALA M.N. & ORS.
2016 INSC 4945 July 2016Case Partly allowed
The suit sought partition of three parcels of land that were part of the joint family of the deceased Narayana. The defendant claimed that the first two parcels had been relinquished by the plaintiffs through a village panchayat resolution and receipts, while the third parcel was his self‑acquired property. The trial c…
HAFEEZA BIBI & ORS.versusSHAIKH FARID (DEAD) BY LRS. & ORS
2011 INSC 3575 May 2011Appeal(s) allowed
In a partition suit governed by Sunni law, the defendant claimed that his father had gifted him immovable property by a written hiba deed dated 5‑2‑1968 and that the deed, though unregistered, was valid. The trial court held the gift valid, but the High Court set it aside on the ground that an instrument of gift of imm…
M. VENKATARAMANA HEBBAR (D) BY L.RS.versusM. RAJAGOPAL HEBBAR AND ORS
2007 INSC 3845 April 2007Dismissed
The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the respondents filed a suit for …
MOHAMMADE YUSUF & ORS.versusRAJKUMAR & ORS.
2020 INSC 1335 February 2020Appeal(s) allowed
The appellant filed a suit in 1984 for a 7‑biswa parcel of land and a compromise decree was passed on 4 October 1985 granting them title to that parcel. In a later suit filed in 1998, the respondents sought an injunction over the same land and, during trial, the appellant attempted to introduce the 1985 compromise decr…
DHARMA NAIKAversusRAMA NAIKA AND ANR.
[2008] 2 S.C.R. 4515 February 2008Dismissed
The case concerned a 2‑acre land granted by the Government of Karnataka to a Scheduled Caste grantee with a condition that it not be alienated for fifteen years. After the restriction period, an agreement to sell was executed on 5 July 1976, but the sale deed was executed and registered on 13 October 1986, after the Ka…
N. KHADERVALI SAHEB (DEAD) BY LRS. AND ANR.versusN. GURUSAHIB (DEAD) AND ORS.
2003 INSC 595 February 2003Appeal(s) allowed
A partnership of four family members was dissolved and the partners' residual assets were allocated by an arbitration award dated 2 October 1972. Some partners objected to the award under Section 30 of the Arbitration Act, 1940, contending that the award needed to be registered under Section 17 of the Registration Act,…
OM PRAKASH (DEAD) TH. HIS LRS.versusSHANTI DEVI & ORS.
2015 INSC 15 January 2015Dismissed
The appellant claimed ownership of a disputed immovable property on the basis of a registered Gift Deed dated 15‑05‑1970, asserting that Section 90 of the Evidence Act, 1872 would give a presumption of proper execution because the deed was over thirty years old. The trial court, and subsequently the High Court, rejecte…
FOOD CORPORATION OF INDIA AND ORS.versusM/S. BABULAL AGRAWAL
2004 INSC 135 January 2004
The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) and that a formal leas…
COMMISSIONER OF INCOME TAXversusBALBIR SINGH MAINI
2017 INSC 10024 October 2017Dismissed
The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the unreceived considera…
AMEER MINHAJversusDIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.
2018 INSC 5784 July 2018Appeal(s) allowed
The appellant filed a suit for specific performance of a 2003 agreement to sell land, relying on an unregistered sale deed, a registered power of attorney, and an earlier unregistered 1995 agreement. The respondents challenged the admissibility of these documents, arguing that the 2003 deed required registration under …
DAMODHAR NARAYAN SAWALE (D) THROUGH LRSversusSHRI TEJRAO BAJIRAO MHASKE & ORS
2023 INSC 4914 May 2023Appeal(s) allowed
The appellant sought possession of a 3‑acre agricultural field based on a registered sale deed dated 21‑04‑1979. The defendants argued that the deed was a sham, executed as collateral for a money‑lending transaction, and that the sale violated the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Ac…
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusS. P. VELAYUTHAM & ORS
2022 INSC 5094 May 2022Appeal(s) allowed
The appellant, Asset Reconstruction Company (India) Ltd., challenged the registration of a sale deed executed by S.P. Velayutham in favour of his son, arguing that the Sub‑Registrar had failed to verify that the power of attorney (PoA) presented did not authorize a sale. The High Court’s Division Bench set aside the Si…
THE COSMOS CO. OPERATIVE BANK LTD.versusCENTRAL BANK OF INDIA & ORS.
2025 INSC 2434 February 2025Appeal(s) allowed
The Cosmos Co. Operative Bank Ltd. (appellant) challenged a High Court order that held Central Bank of India (respondent No.1) had the first charge over a flat mortgaged by the original borrowers. Both banks had received security documents: the appellant bank held the share certificate of ownership, while the responden…
CAPT. (NOW MAJOR) ASHOK KSHYAPversusMRS. SUDHA VASISHT & ANR.
1987 INSC 334 February 1987Appeal(s) allowed
The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first respondent objected that…
K. LAXMANANversusTHEKKAYIL PADMINI & ORS.
2008 INSC 13923 December 2008Dismissed
The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one attesting witness to …
K. S. VARGHESE & ORS.versusST. PETERS & PAULS SYRIAN ORTH. & ORS.
2017 INSC 5803 July 2017Dismissed
The Supreme Court dismissed appeals concerning the administration of Parish Churches within the Malankara Church, which has been divided between the Patriarch faction and the Catholicos faction. The core dispute was whether the 1934 Constitution of the Malankara Church or individual Udampady agreements (such as those f…
SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.
2022 INSC 7842 August 2022Dismissed
The plaintiff obtained a decree declaring her as tenant of a premises in Mumbai and ordered the landlord to hand over possession. The appellant, Shabbir Mohammad Sayed, claimed he had acquired leasehold rights from the alleged lawful tenant and also from the landlord on 24 January 2014, and sought execution of the decr…
SHYAM NARAYAN PRASADversusKRISHNA PRASAD AND ORS.
2018 INSC 5562 July 2018Dismissed
The case concerned a partition of ancestral Hindu Mitakshara property of Gopalji Prasad among his sons, after which the share allotted to defendant No.2 was claimed to be ancestral for his sons and grandson. The plaintiffs sought to set aside an exchange deed executed between defendant No.1 and No.2, arguing that it in…
PREM SINGH AND ORS.versusBIRBAL AND ORS.
2006 INSC 2802 May 2006Appeal(s) allowed
The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed void and said limit…
A. JITENDRANA THversusJUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR.
2006 INSC 2812 May 2006Disposed off
The appellant, whose mother had been provisionally allotted a plot by Jubilee Hills Cooperative Society, sought the same plot or an alternative after the society cancelled the provisional allotment for non‑payment and allotted the land to another member (S). The appellant obtained an award from the Assistant Registrar …
ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR.versusSTATE OF U.P. AND ORS.
1996 INSC 4752 April 1996Dismissed
The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. The Association argu…
RAJNI SANGHIversusWESTERN INDIAN STATE MOTORS LTD. & ORS.
2015 INSC 8741 December 2015Disposed off
The case involved four brothers who owned a family business and entered into an arbitration agreement in 1984 to partition the business. An arbitrator issued an award in 1987, but subsequent litigation in the Bombay, Rajasthan and Delhi High Courts resulted in family settlement schemes in 1994 and an amended settlement…
CHIRANJILAL SRILAL GOENKA (DEAD) BY LRS.versusJASJIT SINGH AND ORS.
2000 INSC 5671 December 2000Set Aside
The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the adopted son the sole h…
SHAKEEL AHMEDversusSYED AKHLAQ HUSSAIN
2023 INSC 10161 November 2023Appeal(s) allowed
The respondent filed a suit for possession and mesne profits of a property relying on an unregistered power of attorney, agreement to sell, affidavit and will, while the appellant, who was in possession, claimed title through an oral gift (Hiba) from his brother. The trial court decreed possession in favour of the resp…
KORUKONDA CHALAPATHI RAO & ANR.versusKORUKONDA ANNAPURNA SAMPATH KUMAR
2021 INSC 5861 October 2021Appeal(s) allowed
The dispute arose from a partition of family property where the respondent sought a declaration of title and eviction of the appellants. The appellants relied on a family settlement document (Khararunama) dated 15‑04‑1986 and a receipt of Rs.2,00,000 as evidence of the parties' past arrangements. The trial court admitt…