Supreme Court of India · 1952-02-22
KASHINATH BHASKAR DATAR vs BHASKAR VISHWESHWAR KARVE
- Citation / case number
- SC 1951/65
- Court
- Supreme Court of India
- Petitioner
- KASHINATH BHASKAR DATAR
- Respondent
- BHASKAR VISHWESHWAR KARVE
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that the agreement executed by the assignor of the mortgages was not exempt from registration under Section 17(1)(b) of the Indian Registration Act, as it limited and extinguished an 'interest' in immovable property. The Court ruled that the document could not be used under the proviso to Section 49 of the Registration Act since the suit was not for specific performance and no part performance was applicable. Consequently, the agreement could not be utilized to prove the satisfaction of the mortgage amount, leading to the dismissal of the defendant's plea.