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april 2010

Supreme Court of India · 2010-04-12

S.Kaladevi vs V.R.Somasundaram & Ors

Citation / case number
AIR 2010 SUPREME COURT 1654
Court
Supreme Court of India
Petitioner
S.Kaladevi
Respondent
V.R.Somasundaram & Ors
Author
R.M. Lodha
Bench
R.M. Lodha, R.V. Raveendran

Judgment text excerpt

The Supreme Court addressed the admissibility of an unregistered sale deed in a suit for specific performance, emphasizing that under Section 17 of the Registration Act, 1908, an unregistered sale deed cannot be admitted as evidence for the purpose of enforcing the sale. The Court held that while the sale deed is inadmissible, the oral agreement for sale can still be considered to establish the plaintiff's possession and entitlement to seek specific performance. The judgment clarified that the existence of an unregistered document does not negate the enforceability of the underlying agreement if supported by other evidence.

S.Kaladevi vs V.R.Somasundaram & Ors · Niyam