Supreme Court of India · 2006-09-06
SOM DEV vs RATI RAM
- Citation / case number
- SC 2005/28324
- Court
- Supreme Court of India
- Petitioner
- SOM DEV
- Respondent
- RATI RAM
- Author
- P.K. BALASUBRAMANYAN H.K. SEMA
- Bench
- P.K. BALASUBRAMANYAN H.K. SEMA
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 clarified that the decree was based on a family arrangement, which is exempt from registration requirements per Section 17(2)(vi). Consequently, the appeal by the contesting defendants was dismissed, confirming the plaintiff's entitlement to recover possession of the property.