Supreme Court of India · 2013-03-12
Joseph Johan Peter Sandy vs Veronica Thomas Rajkumar & Anr
- Citation / case number
- AIR 2013 SUPREME COURT 2028
- Court
- Supreme Court of India
- Petitioner
- Joseph Johan Peter Sandy
- Respondent
- Veronica Thomas Rajkumar & Anr
- Author
- B. S. Chauhan
- Bench
- Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan
Judgment text excerpt
The Supreme Court held that the High Court erred in declaring the unregistered Agreement Deed dated 1.6.1982 (Ex.A-3) as inadmissible under Section 17 of the Registration Act, emphasizing that it was not an agreement to sell but an agreement to exchange properties. The Court clarified that the agreement's admissibility was valid as it had been accepted in evidence without objection. Consequently, the Court restored the trial court's decree in favor of the appellant, allowing the rectification of property titles as intended by the father, thereby reversing the High Court's decision.