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Registration Act, 1908

250 judgments · newest first · showing 1–200

BISMILLABE NASIBKHA PATHANversusSHAIKH BABAMIYA SHAIKH AHEMAD

DISMISSED

The appellant, originally the defendant, claimed ownership of a parcel of land based on an unregistered partition deed, which led to her name being entered in the 7/12 revenue record. The respondent, the original plaintiff, filed a suit for declaration and possession of the land. The appellant …

M/S. BHANDUP ESTATE AND ORS.versusINDUBAI RAJARAM OHOL AND ORS.

Disposed Off

The petitioners, an Association of Persons called Bhandup Estate, challenged a consent decree dated 5 April 1982 that had transferred ownership of 33 acres of land in Bhandup to Rajaram Sakharam Ohol on the basis of alleged adverse possession. They claimed the decree was procured fraudulently by the …

M/S. BHANDUP ESTATE AND ORS.versusINDUBAI RAJARAM OHOL AND ORS.

Disposed Off

The petitioners, an Association of Persons called Bhandup Estate, challenged a consent decree dated 5 April 1982 that had transferred ownership of 33 acres of land in Bhandup to Rajaram Sakharam Ohol on the basis of alleged adverse possession. They claimed the decree was procured fraudulently by the …

SOLANKI TEA CO. PVT. LTD.versusSTATE OF MAHARASHTRA AND ORS

Allowed

The petitioner, Solanki Tea Company, filed a writ petition under Articles 226 and 227 of the Constitution challenging the rejection of its application for refund of Rs.29,75,000 stamp duty paid on a registered Agreement for Assignment dated 19 April 2018 (Document No.5929/2018). The agreement was …

SHREE SADA SHANKAR KAMADIversusSTATE OF MAHARASHTRA AND ORS

Allowed

The petitioner, a Sub‑Registrar, was indicted for allegedly registering a fabricated Power of Attorney that was used to obtain a loan. He filed a writ petition challenging the charge‑sheet, arguing that prosecution of a government servant requires prior sanction under Section 197(1)(b) of the CrPC, …

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Dismissed

The appellant, Harilal Talkshi Shah, sought an injunction to restrain Respondents 1, 2 and 9‑12 from constructing on and creating third‑party rights over a suit property, alleging that his leasehold rights under a 1971 Assignment Deed were still subsisting and that an unregistered 2002 agreement had …

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Disposed Off

The appellant, Harilal Talkshi Shah, sought an injunction to restrain respondents (including M/s. Gada Enterprise and others) from constructing on and creating third‑party rights over a 3267‑sq‑yard property in Borivali, alleging that his leasehold rights under a 1971 Assignment Deed were still …

AMITA PRASAD KADAMversusSTATE OF MAHARASHTRA

Allowed

The applicant, Amita Prasad Kadam, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case alleging fabrication of a Commencement Certificate used for registration under the Registration Act, 1908. The prosecution alleged that the …

BALSHIRAM VITTHAL HANDE AND ORSversusANJALI NARESH CHOUHAN AND ORS

Dismissed

After the death of their father, the petitioners (brothers) obtained a partition decree in 2015 and a mutation entry in 2016 without joining their sisters (respondents) as parties. The sisters later filed a civil suit in 2017 seeking a fresh partition and declaration that the earlier decree did not …

Hanumant Raghunath KadamversusKailas Buasaheb Garade

Disposed Off

The petitioners sought to challenge a mutation entry made in 1970 in their favour, based on a sale deed dated 20 October 1970, after a delay of more than 50 years. The respondents argued that the sale deed, being for Rs.99/-, did not require registration under Section 17 of the Registration Act, …

THE PR. COMMISSIONER OF INCOME TAX-17, MUMBAIversusMILE STONE REAL ESTATE FUND,

DISPOSED OFF

The Milestone Real Estate Fund, a trust registered as a Venture Capital Fund (VCF) with SEBI, claimed exemption under Section 10(23FB) of the Income‑Tax Act for AY 2014‑15 on income from its seven separate schemes. The Assessing Officer disallowed the exemption, but the Commissioner of Income‑Tax …

Rohini Gupta AND ANRversusDistrict Deputy registrar Coperative Societies AND ORS

Disposed Off

The petitioners, heirs of a 1975 leaseholder, challenged a 23 June 2025 order of the District Deputy Registrar that issued a certificate of unilateral deemed conveyance of 3,901.70 sq.m. of land to Respondent No.3 Society under the Maharashtra Ownership Flats Act (MOFA). The core issue was whether …

SHIRAZ KARIM MERCHANTversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

Shiraz Karim Merchant filed a writ petition challenging the registration of a crime (C.R. No. 240 of 2026) under Section 81 of the Indian Registration Act, 1908, by the Naupada Police Station, Thane. The petitioner sought relief to record his statement under Section 161 of the Criminal Procedure …

SHEKHAR SHANKAR JOSHIversusANITA ARUN BHAVE

Dismissed

The appellant, Shekhar Shankar Joshi, challenged a decree that gave him a two‑third share in ancestral land (Gat No.27 and a house) after a lower court had held the plaintiff, his sister Anita Arun Bhave, entitled to a half share and declared a 2013 relinquishment deed by their mother void. The …

SHEKHAR SHANKAR JOSHIversusANITA ARUN RHAVE

Disposed Off

The appellant‑defendant Shekhar Joshi appealed against the appellate court’s order that gave him a two‑third share in the ancestral land (Gat No.27 and house) and reduced the plaintiff‑respondent Anita Bhave’s share to one‑third, based on a 2013 relinquishment deed executed by their mother. The …

SANJAY NARANGversusJOINT SUB-REGISTRAR CITY NO. 1 OF ASSURANCE MUMBAI

DISPOSED OFF

The petitioners sought a direction to the Collector to register a consent decree conveying a shop premises to them without requiring a No‑Objection certificate from the co‑operative society that owned the land. The decree, dated 16 December 2022, had been stamped and sealed, and the petitioners were …

MUKESH POPATLAL GADAversusTHE STATE OF MAHARASHTRA AND ORS

Dismissed

The State filed FIR No.3029/2016 under Section 82 of the Registration Act alleging that a Power of Attorney dated 23 September 1980, which was not registered, was used to execute sale deeds in 2010 for property belonging to Anupama Co‑operative Housing Society. The Power of Attorney was purportedly …

KETAN NATVARLAL BRAHMBHATTversusUNION OF INDIA THRO SECRETARY

39-RULE DISCHARGED/DISMISSED @ FH

The petitioner, a civil engineer and registered valuer for non‑agricultural immovable property, applied for registration as a valuer of agricultural lands under Section 34AB of the Wealth Tax Act, 1957, but his application was rejected because he did not possess a degree in Agricultural Science as …

JAI RAM DASversusDIGVIJAY SINGH AND 3 OTHERS

The appellant, Jai Ram Das, claimed possession of a brick‑kiln premises under a registered lease dated 22‑Nov‑2010, which he alleged was extended by subsequent payments up to 21‑May‑2026. He filed an injunction to restrain the respondents from evicting him, but the trial court rejected the …

SUN AAKAR DEVELOPERS A PARTNERSHIP FIRMversusTHE DISTRICT REGISTRAR AND COLLECTOR

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The petitioners, Sun Aakar Developers partnership and others, filed a writ petition under Article 226 of the Constitution, invoking the Registration Act, 1908 and Gujarat Registration Rules, 1970, to challenge the cancellation of their registered sale deed dated 11‑08‑2023 by the District Registrar …

Kumari Sunita RaniversusThe State of Bihar

DISPOSED

Petitioner Sunita Rani, wife of Kumud Kishore, filed a writ petition seeking a mandamus to cancel a sale deed executed by her husband in 2019 in favour of Dinesh Kumar, alleging that the land originally belonged to her father‑in‑law and that the sale was fraudulent. The respondent GP objected that …

SHYAM KUMAR JAISWALversusSTATE OF U.P. AND 3 OTHERS

The petitioner claimed that an oral agreement to sell a house, for which he paid Rs. 6 lakh, was breached by the respondents who neither executed the sale deed nor returned the money. He filed a complaint under Section 175(3) of the BNSS, which the magistrate dismissed as a civil matter, and …

Smt. Puja DeviversusThe State of Bihar

ALLOWED

The petitioner purchased a property in November 2014, had the sale deed registered and obtained mutation in her name. In October 2017 the Assistant Inspector General of Registration issued an ex‑parte order under Section 47A(1) of the Indian Stamp Act, alleging that the instrument was undervalued …

Nilu KumariversusThe State of Bihar

DISMISSED

Petitioner Nilu Kumari sought a writ to quash the Collector‑cum‑District Registrar’s order refusing registration of a parcel of land in Gaya, alleging the land is private and that the authority exceeded its jurisdiction. The land, originally recorded as "Bakast Malik" and settled in 1938‑39, later …

JAGDAMBA CO-OPERATIVE HOUSING SOCIETY LIMITED THR. ITS CHAIRMAN SHRI. KAMLESH PALversusM/S. PARISPARSH PARTNERSHIP FIRM THR. ITS MANAGING PARTNER DHANASHREE RAJESH BHOSALE

Disposed Off

The Jagdamba Co-operative Housing Society (the Society) entered into negotiations with M/s Parisparsh (the Developer) for redevelopment of the Society's dilapidated building, issuing a Letter of Intent (LOI) on 29‑05‑2021 and obtaining individual consents from its members by April 2022. Although a …

JAGDAMBA CO-OPERATIVE HOUSING SOCIETY LIMITED THR. ITS CHAIRMAN SHRI. KAMLESH PALversusM/S. PARISPARSH PARTNERSHIP FIRM THR. ITS MANAGING PARTNER DHANASHREE RAJESH BHOSALE

Disposed Off

The Bombay High Court heard an appeal by Jagdamba Co‑operative Housing Society Ltd (the appellant) against an order of the Civil Judge (Senior Division), Kalyan, which had granted a temporary injunction in favour of M/s Parisparsh (the plaintiff) restraining the society from creating development …

TRUSHALI VAIBHAV SHAHversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The petitioner, Trushali Vaibhav Shah, sought a writ of mandamus under Article 226 to quash the order of the Registrar (respondent No.2) that refused to register a sale deed and certificate of lease‑hold rights for a property auctioned under the SARFAESI Act after the mortgagor, M/s Raj Picture …

MUKESH DALPATBHAI PARMARversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Petitioner Mukesh Dalpatbhai Parmar filed a Special Civil Application under Article 226 of the Constitution seeking to compel Respondent No.4, a State authority, to record a lis‑pendens entry (serial no. 12038 of 2024) in the revenue records of Hinglot village, Vadodara. Respondent No.4 refused, …

THARAMMEL PEETHAMBARAN AND ANOTHERversusT. USHAKRISHNAN AND ANOTHER

2026 INSC 134Dismissed

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 …

PUSHPABAI NILKANTH PATILversusSHYAMSUNDER RADHESHYAM AGRAWAL

Dismissed

The petition under Article 227 challenged a Civil Judge's order admitting several unregistered sale‑cum‑development agreements as exhibits. The defendants argued that Section 49(c) of the Registration Act, 1908 barred such admission because the documents were unregistered and the suit was not for …

AMOL RAMDAS KONDEversusTHE STATE OF MAHARASHTRA

Disposed Off

Amol Ramdas Konde and Krushnat Mahadev Aarde were charged in CR No.124/2022 for offences under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code and Section 82 of the Registration Act, alleging forgery of a NA order. Their first anticipatory bail application (ABA …

Birendra KumarversusThe State of Bihar

DISPOSED

The petitioners, a group of landholders from Dighaun village in Khagaria district, claimed that their lands, originally declared raiyati through Sarvasta settlements and recorded in Register‑II, were being jeopardized by a state‑wide land survey. They alleged that the survey officials were demanding …

ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD.versusTHE STATE OF JHARKHAND & ORS.

2025 INSC 1389Appeal(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 …

SAMIULLAHversusTHE STATE OF BIHAR & ORS.

2025 INSC 1292Appeal(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 …

VINOD INFRA DEVELOPERS LTD.versusMAHAVEER LUNIA & ORS.

2025 INSC 772

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 …

MAHNOOR FATIMA IMRAN & ORS.versusM/S VISWESWARA INFRASTRUCTURE PVT LTD. & ORS.

2025 INSC 646Disposed 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 …

SANTOSH DEVIversusSUNDER

2025 INSC 627Dismissed

The petitioner, Santosh Devi, filed a suit in 2012 seeking cancellation of a sale deed and related mutation, alleging that the deed was obtained through fraud. The trial court dismissed the suit on the ground of limitation, a decision affirmed by the first appellate court and the High Court. The …

HUSSAIN AHMED CHOUDHURY & ORS.versusHABIBUR RAHMAN (DEAD) THROUGH LRS & ORS.

2025 INSC 553Appeal(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 …

ARUNKUMAR H SHAH HUFversusAVON ARCADE PREMISES CO-OPERATIVE SOCIETY LIMITED & ORS.

2025 INSC 524Dismissed

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 …

THE CORRESPONDENCE, RBANMS EDUCATIONAL INSTITUTIONversusB. GUNASHEKAR & ANOTHER

2025 INSC 490Appeal(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 …

K. GOPIversusTHE SUB-REGISTRAR & ORS.

2025 INSC 462Appeal(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 …

M.S. ANANTHAMURTHY & ANR.versusJ. MANJULA

2025 INSC 273Dismissed

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 COSMOS CO. OPERATIVE BANK LTD.versusCENTRAL BANK OF INDIA & ORS.

2025 INSC 243Appeal(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, …

HARSHIT HARISH JAIN & ANR.versusTHE STATE OF MAHARASHTRA & ORS.

2025 INSC 104Appeal(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 …

MUKESHversusTHE STATE OF MADHYA PRADESH & ANR

2024 INSC 1026Appeal(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 …

MANSOOR SAHEB (DEAD) & ORS.versusSALIMA (D) BY LRS. & ORS.

[2024] 12 S.C.R. 923Dismissed

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 …

CELIR LLPversusMR. SUMATI PRASAD BAFNA & ORS.

2024 INSC 978Directions 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 …

DALIBEN VALJIBHAI & ORS.versusPRAJAPATI KODARBHAI KACHRABHAI & ANR.

2024 INSC 1049Appeal(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 …

THE STATE OF PUNJAB & ANR.versusM/S FERROUS ALLOY FORGINGS P LTD. & ORS.

2024 INSC 890Dismissed

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 …

SHYAMSUNDAR RADHESHYAM AGRAWAL & ANR.versusPUSHPABAI NILKANTH PATIL & ORS.

2024 INSC 730Dismissed

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 …

A.B. GOVARDHANversusP. RAGOTHAMAN

2024 INSC 640Appeal(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 …

KAUSHIK PREMKUMAR MISHRA & ANR.versusKANJI RAVARIA @ KANJI & ANR.

2024 INSC 540Appeal(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 …

P. RAVINDRANATH & ANR.versusSASIKALA & ORS.

2024 INSC 533Case 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 …

MAHARAJ SINGH & ORS.versusKARAN SINGH (DEAD) THR. LRS. & ORS.

2024 INSC 491Case 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 …

JUGAL KISHORE KHANNA (D) THR. LRS. & ANR.versusSUDHIR KHANNA & ORS.

2024 INSC 224

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 …

MOTURU NALINI KANTHversusGAINEDI KALIPRASAD (DEAD, THROUGH LRS.)

2023 INSC 1004Dismissed

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 …

SHAKEEL AHMEDversusSYED AKHLAQ HUSSAIN

2023 INSC 1016Appeal(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 …

M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITEDversusAMIT CHAND MITRA & ANR.

2023 INSC 854Dismissed

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 …

APPAIYAversusANDIMUTHU @ THANGAPANDI & ORS.

2023 INSC 835Appeal(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 …

DAMODHAR NARAYAN SAWALE (D) THROUGH LRSversusSHRI TEJRAO BAJIRAO MHASKE & ORS

2023 INSC 491Appeal(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 …

THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.

2023 INSC 431Disposed 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 …

SHANTI BHUSHAN (D) THR. LR. & ORSversusSTATE OF U.P. AND ORS

2023 INSC 425Appeal(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 …

GWALIOR DEVELOPMENT AUTHORITY AND ANOTHERversusBHANU PRATAP SINGH

2023 INSC 393Appeal(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 …

R. HEMALATHAversusKASHTHURI

2023 INSC 336Dismissed

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 …

MANIK MAJUMDER AND OTHERSversusDIPAK KUMAR SAHA (DEAD) THROUGH LRS. & OTHERS

2023 INSC 34Matter 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 …

GOPI @ GOVERDHANNATH (D) BY LRS. & ORS.versusSRI BALLABH VYAS

2022 INSC 1000Dismissed

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 …

SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

2022 INSC 784Dismissed

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 …

KARAN KAPOORversusMADHURI KUMAR

2022 INSC 661Appeal(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 …

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusS. P. VELAYUTHAM & ORS

2022 INSC 509Appeal(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 …

AMAR NATH (DEAD) THROUGH L.R.versusGIAN CHAND AND ORS.

2022 INSC 106Appeal(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 …

K. ARUMUGA VELAIAHversusP.R. RAMASAMY AND ANR.

2022 INSC 103Dismissed

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 …

AMUDHAVALI & ORS.versusP. RUKUMANI & ORS.

2021 INSC 832Disposed 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, …

KEWAL KRISHANversusRAJESH KUMAR & ORS. ETC

2021 INSC 765Appeal(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 …

V. PRABHAKARAversusBASAVARAJ K. (DEAD) BY LR. & ANR.

2021 INSC 626Appeal(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 …

KORUKONDA CHALAPATHI RAO & ANR.versusKORUKONDA ANNAPURNA SAMPATH KUMAR

2021 INSC 586Appeal(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. …

ANAPURNA JAISWALversusINDIAN OIL CORPORATION LTD. AND ORS.

2021 INSC 583Dismissed

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, …

UNION OF INDIA & ANR.versusS. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND ORS.

2021 INSC 425Disposed 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 …

RIPUDAMAN SINGHversusTIKKA MAHESHWAR CHAND

2021 INSC 320Appeal(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 …

KHUSHI RAM & ORS.versusNAWAL SINGH & ORS.

2021 INSC 106Dismissed

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 …

RATTAN SINGH & ORS.versusNIRMAL GILL & ORS. ETC.

2020 INSC 641Appeal(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, …

B. SANTOSHAMMA & ANR.versusD. SARALA & ANR.

2020 INSC 556Dismissed

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 …

DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.

2020 INSC 497Dismissed

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 …

CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA

2020 INSC 494Dismissed

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 …

VINEETA SHARMAversusRAKESH SHARMA & ORS.

2020 INSC 487Directions 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 …

RAVINDER KAUR GREWAL & ORS.versusMANJIT KAUR & ORS.

2019 INSC 869Appeal(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. …

SIRI CHAND (DECEASED) THR. LRS.versusSURINDER SINGH

2020 INSC 431Appeal(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 …

RAMNATH AGRAWAL & ORS.versusFOOD CORPORATION OF INDIA & ORS.

2020 INSC 395Dismissed

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 …

FIRM RAJASTHAN UDYOG & ORS.versusHINDUSTAN ENGINEERING & INDUSTRIES LTD.

2020 INSC 362Appeal(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 …

GURCHARAN SINGH & ORS.versusANGREZ KAUR & ANR.

2020 INSC 314Appeal(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 …

CORPORATION OF INDIA AND ANOTHERversusM/S. V.K. TRADERS AND OTHERS

2020 INSC 286Appeal(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 …

SOBHA HIBISCUS CONDOMINIUMversusMANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD. & ANR

2020 INSC 189Directions 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 …

MOHAMMADE YUSUF & ORS.versusRAJKUMAR & ORS.

2020 INSC 133Appeal(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 …

RAJ KUMARI AND OTHERSversusSURINDER PAL SHARMA

2019 INSC 1388Appeal(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 …

GOVINDBHAI CHHOTABHAI PATEL & ORS.versusPATEL RAMANBHAI MATHURBHAI

2019 INSC 1070Dismissed

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 …

SHAKEENA & ANR.versusBANK OF INDIA & ORS.

2019 INSC 922Dismissed

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 …

BIKRAM CHATTERJI & ORSversusUNION OF INDIA & ORS.

2019 INSC 799Dismissed 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 …

THULASIDHARA & ANOTHERversusNARAYANAPPA & OTHERS

2019 INSC 603Disposed off

The original plaintiff filed a suit for declaration of title and permanent injunction, claiming ownership of a property based on a registered sale deed. The defendants contended that the property had become part of a joint family and that the sale deed was merely a security instrument, not an …

SUMAN JINDAL & ANR.versusM/S ADARSH DEVELOPERS

2019 INSC 572Appeal(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 …

GARWARE WALL ROPES LTD.versusCOASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD.

2019 INSC 511Appeal(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 …

RAGHWENDRA SHARAN SINGHversusRAM PRASANNA SINGH (DEAD) BY LRS

2019 INSC 357Appeal(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 …

AMEER MINHAJversusDIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.

2018 INSC 578Appeal(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 …

SHYAM NARAYAN PRASADversusKRISHNA PRASAD AND ORS.

2018 INSC 556Dismissed

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 …

SITA RAM BHAMAversusRAMVATAR BHAMA

2018 INSC 260Case 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. …

DANAMMA @ SUMAN SURPUR & ANR.versusAMAR AND ORS.

2018 INSC 84Appeal(s) allowed

Gurulingappa Savadi died in 2001 leaving a widow, two sons and two daughters (the appellants). A partition suit was filed in 2002 by one son, Amar, seeking a share of the joint family property. The trial court (decree 2007) and the Karnataka High Court denied the daughters any share, holding they …

COMMISSIONER OF INCOME TAXversusBALBIR SINGH MAINI

2017 INSC 1002Dismissed

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 …

K. S. VARGHESE & ORS.versusST. PETERS & PAULS SYRIAN ORTH. & ORS.

2017 INSC 580Dismissed

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 …

THE STATE OF MADHYA PRADESH & ORS.versusSMT. KALLO BAI

2017 INSC 1287Dismissed

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 …

SATYA PAL ANANDversusSTATE OF M.P. & ORS.

2016 INSC 988Dismissed

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 …

SHYAM LALversusDEEPA DASS CHELA RAM CHELA GARIB DASS

2016 INSC 496Appeal(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, …

SUBRAYA M.N.versusVITTALA M.N. & ORS.

2016 INSC 494Case 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 …

RAJNI SANGHIversusWESTERN INDIAN STATE MOTORS LTD. & ORS.

2015 INSC 874Disposed 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 …

PRAKASH & ORS.versusPHULAVATI & ORS.

2015 INSC 793Disposed 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 …

YELLAPU UMA MAHESWARI &ANR.versusBUDDHA JAGADHEESWARARAO & ORS.

2015 INSC 755Case 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 …

SATYA PAL ANANDversusSTATE OF M.P. AND OTHERS

2016 INSC 988

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 …

JAGDISH CHAND SHARMAversusNARAIN SINGH SAINI (DEAD) THROUGH HIS LRS. & ORS.

2015 INSC 376Dismissed

The appellant sought a Letter of Administration on the basis of a Will dated 22‑10‑1973, allegedly executed by the deceased Nathu Singh in favour of the appellant. The trial court held the Will validly executed and granted the administration, but the High Court set aside that order, finding the Will …

PHOOL PATTI AND ANR.versusRAM SINGH (DEAD) THROUGH LRS. & ANR.

2015 INSC 4Case 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. …

OM PRAKASH (DEAD) TH. HIS LRS.versusSHANTI DEVI & ORS.

2015 INSC 1Dismissed

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 …

RASHEEDA KHATOON (D) THROUGH LRS.versusASHIQ ALI S/O LT. ABU MOHD (D) THROUGH LRS.

2014 INSC 701Dismissed

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 …

DLF LIMITEDversusMANMOHAN LOWE AND OTHERS

2013 INSC 820Appeal(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 …

OMPRAKASHversusLAXMINARAYAN & ORS.

2013 INSC 685Appeal(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. …

ADDL.DISTT.SUB-REGISTRAR SILIGURIversusPAWAN KUMAR VERMA AND OTHERS

2013 INSC 297Appeal(s) allowed

A partition suit filed in 1999 was compromised in 2001 and the decree was presented for registration in 2007. The trial court directed the Additional District Sub‑Registrar, Siliguri to register the partition deed based on the stamp duty calculated from the suit valuation of Rs.50 lakh. The …

MATHAI SAMUEL AND ORS.versusEAPEN EAPEN (DEAD) BY LRS. AND ORS.

2012 INSC 526Appeal(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, …

STATE OF MADHYA PRADESHversusSURENDRA KORI

2012 INSC 427Appeal(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 …

AHMEDSAHEB (D) BY LRS. & ORS.versusSAYED ISMAIL

2012 INSC 290Appeal(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 …

GANDURI KOTESHWARAMMA & ANR.versusCHAKIRI YANADI & ANR.

2011 INSC 757Appeal(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 …

SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.

2011 INSC 739Disposed 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 …

RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.

2011 INSC 593Appeal(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 …

M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.

2011 INSC 508

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 …

HAFEEZA BIBI & ORS.versusSHAIKH FARID (DEAD) BY LRS. & ORS

2011 INSC 357Appeal(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 …

T.G. ASHOK KUMARversusGOVINDAMMAL AND ANR.

2010 INSC 863Case 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 …

DLF UNIVERSAL LTD. AND ANR.versusDIRECTOR, T & C. PLANNING HARYANA AND ORS.

2010 INSC 793Appeal(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 …

D.R. RATHNA MURTHYversusRAMAPPA

2010 INSC 696Dismissed

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 …

HAR NARAIN (DEAD) BY LRS.versusMAM CHAND (DEAD) BY LRS. AND ORS.

2010 INSC 700Appeal(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 …

ICICI BANK LIMITEDversusOFFICIAL LIQUIDATOR OF APS STAR INDUSTRIES LTD. AND ORS.

2010 INSC 663Appeal(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 …

ITTIANAM AND ORS.versusCHERICHI @ PADMINI

2010 INSC 436Disposed 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 …

S. KALADEVIversusV.R. SOMASUNDARAM AND ORS.

2010 INSC 205Appeal(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 …

STATE OF HARYANA & ORS.versusMANOJ KUMAR

2010 INSC 135Appeal(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 …

S. NAGARAJ (DEAD) BY LRS. & ORS.versusB.R. VASUDEVA MURTHY & ORS. ETC. ETC.

2010 INSC 88Disposed 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 …

NARENDRA KANTEversusANURADHA KANTE & ORS.

2009 INSC 1309Dismissed

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 …

CHARAN DASS (DEAD) BY L.RS.versusH.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ORS.

2009 INSC 1112Case 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 …

C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.

2009 INSC 980Appeal(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 …

RAJNI TANDONversusDULAL RANJAN GHOSH DASTIDAR AND ANR.

2009 INSC 969Appeal(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, …

SATISH & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 923Disposed 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 …

SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIRversusSTATE OF HARYANA & ANR.

2009 INSC 818Hearing 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 …

STATE OF WEST BENGAL & ANR.versusWEST BENGAL REGN. COPY WRITERS ASSN. & ANR.

2009 INSC 761Appeal(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 …

G. SEKARversusGEETHA & ORS

2009 INSC 503Dismissed

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 …

M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.

2009 INSC 507Appeal(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 …

PHOOL PATTI AND ANRversusRAM SINGH (DEAD) THROUGH LRS. & ANR.

2009 INSC 439Matter 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 …

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 1465Dismissed

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 …

K. LAXMANANversusTHEKKAYIL PADMINI & ORS.

2008 INSC 1392Dismissed

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 …

NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.

2008 INSC 1086Case 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 …

MEERA SAHNIversusLT. GOVERNOR OF DELHI & ORS.

2008 INSC 828Dismissed

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 …

K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.

2008 INSC 666Dismissed

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 …

M/S. K.B. SAHA & SONS PVT. LTD.versusM/S. DEVELOPMENT CONSULTANT LTD.

2008 INSC 639Dismissed

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 …

CHANDRAKANT SHANKARRAO MACHALEversusPARUBAI BHAIRU MOHITE

2008 INSC 349Dismissed

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 …

GOVERNMENT OF ANDHRA PRADESH & ORS.versusSMT. P. LAXMI DEVI

2008 INSC 247Case 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 …

DHARMA NAIKAversusRAMA NAIKA AND ANR.

[2008] 2 S.C.R. 451Dismissed

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 …

SMT. SEEMAversusASHWANI KUMAR

2007 INSC 1103Directions 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, …

MUNICIPAL COMMITIEE, PATIALAversusMODEL TOWN RESIDENTS ASSON. & ORS.

2007 INSC 799Appeal(s) allowed

The Supreme Court examined whether the Punjab Municipal Act, 1911 (as amended by the 1994 Punjab Amending Act) could levy house tax at different rates for self‑occupied and tenanted premises and whether the definition of "market value" under Section 3(8aa) was unconstitutional for lacking …

HARDESH ORES PVT. LTD.versusM/S HEDE & CO.

2007 INSC 576Dismissed

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. …

BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.

2007 INSC 590Appeal(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 …

M. VENKATARAMANA HEBBAR (D) BY L.RS.versusM. RAJAGOPAL HEBBAR AND ORS

2007 INSC 384Dismissed

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 …

MANJABAI KRISHNA PATIL (D) BY LRS.versusRAGHUNATH REVAJI PATIL AND ANR.

2007 INSC 176Appeal(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 …

PABITRA KUMAR ROY AND ANR.versusALITA DSOUZA

2006 INSC 660Appeal(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 …

SOM DEV AND ORS.versusRATI RAM AND ANR.

2006 INSC 584Dismissed

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 …

RAMDEV FOOD PRODUCTS PVT. LTD.versusARVINDBHAI RAMBHAI PATEL AND ORS.

2006 INSC 563Appeal(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 …

CHANDRIKA SINGH (DEAD) THR. L.RS.versusARVIND KUMAR SINGH (DEAD) BY L.RS. AND ORS.

2006 INSC 321Appeal(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 …

PREM SINGH AND ORS.versusBIRBAL AND ORS.

2006 INSC 280Appeal(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 …

A. JITENDRANA THversusJUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR.

2006 INSC 281Disposed 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 …

N.KHOSLAversusRAJLAKSHMI (DEAD) AND ORS.

2006 INSC 138Appeal(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. …

SMT. SEEMAversusASHWANI KUMAR

2006 INSC 83

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 …

STATE OF RAJASTHAN AND ORS.versusBASANT NAHATA

2005 INSC 406Dismissed

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 …

BHAGWAN DASS AND ANR.versusKAMAL ABROL AND ORS.

2005 INSC 273Disposed 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 …

STATE OF HIMACHAL PRADESH AND ORS.versusM/S. SHIVALIK AGRO POLY PRODUCTS AND ORS.

2004 INSC 520Appeal(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 …

FOOD CORPORATION OF INDIA AND ORS.versusM/S. BABULAL AGRAWAL

2004 INSC 13

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) …

BAHADURSINH LAKHUBHAI GOHILversusJAGDISHBHAI M. KAMALIA AND ORS.

2003 INSC 728Dismissed

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 …

BHAGAT RAM AND ANR.versusSURESH AND ORS.

2003 INSC 672Dismissed

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 …

BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.

2003 INSC 572Appeal(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 …

M. ANASUYDEVI AND ANR.versusM. MANIK REDDY AND ORS.

2003 INSC 554Appeal(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 …

IBRAHIMPATNAM TALUK VYAVASAY COOLIE SANGHAMversusK. SURESH REDDY AND ORS.

2003 INSC 403Disposed 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 …

N. KHADERVALI SAHEB (DEAD) BY LRS. AND ANR.versusN. GURUSAHIB (DEAD) AND ORS.

2003 INSC 59Appeal(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 …