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september 2006

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.

SOM DEV vs RATI RAM · Niyam