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february 1952

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.

KASHINATH BHASKAR DATAR vs BHASKAR VISHWESHWAR KARVE · Niyam