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.