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september 2006

Supreme Court of India · 2006-09-06

Som Dev & Ors vs Rati Ram & Anr

Citation / case number
AIR 2006 SUPREME COURT 3297
Court
Supreme Court of India
Petitioner
Som Dev & Ors
Respondent
Rati Ram & Anr
Author
P.K. Balasubramanyan
Bench
H.K. Sema, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the enforceability of a decree from Civil Suit No.398 of 1980, which recognized the plaintiff's right of pre-emption without requiring registration under Section 17(1) of the Registration Act. The Court ruled that the decree was based on a family arrangement, which is exempt from registration requirements per Section 17(2)(vi) of the Registration Act. Consequently, the appeal by the contesting defendants was dismissed, affirming the plaintiff's entitlement to recover possession of the property.

Som Dev & Ors vs Rati Ram & Anr · Niyam