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may 1950

Supreme Court of India · 1950-05-05

RACHPAL MAHRAJ vs BHAGWANDAS DARUKAand OTHERS

Citation / case number
SC 1949/16
Court
Supreme Court of India
Petitioner
RACHPAL MAHRAJ
Respondent
BHAGWANDAS DARUKAand OTHERS
Bench
SASTRI, M. PATANJALI

Judgment text excerpt

The Supreme Court held that a memorandum of deposit of title deeds is not compulsorily registrable under Section 17 of the Indian Registration Act, 1908, if the parties did not intend to create a charge through the document but merely intended to record a transaction that had already occurred. The court clarified that the intention of the parties is paramount in determining the necessity of registration. The appeal was dismissed, affirming the lower courts' decisions that the document was admissible in evidence without registration.

RACHPAL MAHRAJ vs BHAGWANDAS DARUKAand OTHERS · Niyam