9911796707
TMI Blog2023 (11) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... requires compulsory registration under the Act, would not confer any right, much less a legally enforceable right to approach a Court of Law on its basis. Even if these documents i.e. the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the Respondent would have acquired title over the property in question. At best, on the basis of the registered agreement to sell, he could have claimed relief of specific performance in appropriate proceedings. In this regard, reference may be made to Sections 17 and 49 of the Registration Act and Section 54 of the Transfer of Property Act, 1882. Law is well settled that no right, title or interest in immovable property can be conferred without a registered docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 191 of 2013 between Shakeel Ahmed and Syed Akhlaq Hussain, whereby the appeal was dismissed and the judgment and decree of the Trial Court decreeing the suit for possession and mesne profits has been affirmed. 2. The Appellant is Defendant in the suit for possession and mesne profits instituted by the Respondent with respect to the property in question. The suit was filed on the basis of a Power of Attorney, an agreement to sell, an affidavit and a will executed in favour of the Respondent. The Appellant, admittedly, was in possession of the property in question. The suit was contested on several grounds that the Appellant was the owner of the property having received the same on the basis of a Hiba (oral gift) from its owner Laiq Ahmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clause (c), against the Defendant, if so, for what period? OPP 11. Relief. 3. Findings recorded by the Trial Court were that all the issues were decided against the Appellant and in favour of the Respondent except issue No. 8 and decree for possession along with mesne profits was granted. 4. While in regular appeal filed Under Section 96 of the Code of Civil Procedure, 1908, the High Court confirmed the finding with regard to the claim of the Appellant regarding Hiba in his favour and held that the Appellant had failed to prove the same. With respect to the other argument regarding suit being maintained on the basis of an unregistered document, the High Court, although in principle agreed but proceeded to uphold the decree of possession on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against him. 7. Further, he referred to the reasoning given by the High Court that even though the documents relied upon by the Respondent were not of any help but still the Respondent could have maintained the suit for possession or mesne profits as an Attorney and on behalf of Laiq Ahmed, the owner of the property. This reasoning, it was submitted, was untenable in as much as a reading of the plaint would clearly indicate that the suit was not filed by the Respondent as Attorney for Laiq Ahmed. It was in the individual capacity of the Respondent claiming his own right, title and interest under the unregistered documents referred to above. On such submissions, learned Counsel for the Appellant submitted that the impugned judgment be set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Act, would not confer any right, much less a legally enforceable right to approach a Court of Law on its basis. Even if these documents i.e. the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the Respondent would have acquired title over the property in question. At best, on the basis of the registered agreement to sell, he could have claimed relief of specific performance in appropriate proceedings. In this regard, reference may be made to Sections 17 and 49 of the Registration Act and Section 54 of the Transfer of Property Act, 1882. 11. Law is well settled that no right, title or interest in immovable property can be conferred without a registered document. Even the judgment of this C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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