Narendra Kumar vs Devilal And 7 Ors. on 20 July, 2026

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    Madhya Pradesh High Court

    Narendra Kumar vs Devilal And 7 Ors. on 20 July, 2026

             NEUTRAL CITATION NO. 2026:MPHC-IND:19536
    
    
    
    
                                                                   1                                  SA-22-2014
                                 IN        THE    HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                             BEFORE
                                           HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
                                                        ON THE 20th OF JULY, 2026
                                                     SECOND APPEAL No. 22 of 2014
                                                         NARENDRA KUMAR
                                                              Versus
                                                   DEVILAL AND 7 ORS. AND OTHERS
                              Appearance:
                                      Shri Mahendra Kumar Jain - Advocate for the appellant.
                                      Shri Ayush Jain - Advocate for the respondents.
    
                                                             Heard on : 29.04.2026
                                                          Pronounced on : 20.07.2026
    
                                                                 JUDGMENT
    

    This is plaintiff’s appeal challenging the judgment and decree dated
    10.10.2013 rendered in Regular Civil Appeal No. 39A/2011 whereby the
    judgment and decree of the trial Court passed in Civil Suit No. 38A/2011
    was affirmed on the question of title however, on the issue of possession and
    consequential relief of permanent injunction, the same was reversed.

    2. The facts of the case are that the appellants/plaintiffs filed a suit
    for declaration and permanent injunction with respect to suit property
    situated in survey No. 1869 (new survey No. 1773) of Village Garod
    admeasuring 0.024 aare. The plaintiff and the defendants No. 1 to 6 are
    cousins and defendant No. 7 is the wife of nephew of the plaintiff.

    SPONSORED

    3. It was averred in the plaintiff that father of the plaintiff late

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    Ramchandraji and late Mangilalji – father of defendants No. 1 to 6 were real
    brothers. Ramchandraji died in the year 1970 and Mangilalji in the year of
    1978.

    4. Late Mangilalji the father of defendants No. 1 to 6 purchased the
    suit property around the year 1950 from one Kudrat Khan. After purchase of
    the suit property the same was registered in revenue records in the name of
    Mangilalji in the year 1951-52 for the reason that he was the elder brother.

    5. The said Mangilalji and his son Devilalji (defendant No. 1) along
    with other properties sold the suit property to the father of
    plaintiff Ramchandraji on 18.07.1958 by executing an agreement on stamp
    and since then, Ramchandraji was in possession of the said suit property.
    After his death, the property devolved to his wife and son (plaintiff). It was

    kept for sustenance of the mother of the plaintiff who had executed a will in
    favour of the plaintiff on 02.07.2000. As such, the plaintiff became owner
    and possession holder of the suit property.

    6. It was also averred in the plaint that since the decade of 1950, the
    suit property is in continuous possession of plaintiff /his family. The old car
    of his father, some pillars for construction of chattri (Cenotaph), boundary
    wall of boulders, agricultural equipment, etc. are kept on the suit property.
    There is a big gate and a small door on the west side of the suit property. It is
    further averred that there were disputes between the plaintiff, defendants and
    neighbour Shiv Narayan regarding the common wall of the suit property.
    Thus, complaints were filed before the Revenue Officer from time to time. It
    was further averred that though the defendants No. 1 to 6 also admitted to

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    possession of the plaintiff, however, due to greed crept in their minds, they
    have fraudulently got their names mutated in the revenue records in respect
    of the suit property after death of their father Mangilal and thereafter they
    had executed a registered sale deed in favour of defendant No. 7 Nirmala on
    30.04.2008. It was further averred that earlier defendants No. 1 to 6 had filed
    an application before the concerned Tehsildar which was rejected by the
    Tehsildar on 30.03.2008 and for this reason they connived with defendant
    No.7 and the aforesaid sale deed was executed. It was thus pleaded that the
    said sale deed dated 30.04.2008 is not binding upon the plaintiff. In view of
    the above pleadings, the relief of declaration of exclusive title, correction of
    revenue records, declaration of sale deed dated 30.04.2008 null and void as
    well as permanent injunction was sought. The defendants No. 1 to 6 and
    defendant No. 7 filed their separate written statements in denial of the
    pleadings in the plaint. It was stated by the defendants No. 1 to 6 that the
    suit property was purchased by their father Mangilal and it is incorrect to say
    that Ramchandraji was having any share in the suit property as it was
    purchased by Mangilalji out of his own income.

    7. The execution of agreement on 18.07.1958 was also denied. The
    possession of plaintiff and before him his father was also denied. The will
    dated 02.07.2000 executed by the mother of the plaintiff in his favour was
    also denied by stating that the same is not binding upon the defendants. It
    was averred in para 6 of the written statement that the suit property was not
    in possession of the plaintiff in fact their father Mangilal had permitted the

    father of the plaintiff to park his old car in the suit property due to their

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    relationship of being real brothers. However, when the defendants required
    the plaintiff to remove the same, he started the dispute. Thus, title and
    possession both were denied by the defendants No. 1 to 6. Similarly,
    defendant No. 7 also denied the title and possession of the plaintiff. It was
    stated that the suit property was purchased by the father of defendants No. 1
    to 6 Mangilal out of his own income. The execution of the agreement dated
    18.07.1958 was denied and it was stated that Mangilalji – father of
    defendants No. 1 to 6 was a habitual alcoholic, the plaintiff and his father
    may have got some stamps signed but father of the plaintiff never remained
    in possession of the suit property.

    8. Based on the rival pleadings, the trial Court framed 4 issues. The
    issue Nos. 1 to 3 were substantive issues and issue No. 4 was with respect to
    relief and expenses. All the issues were decided against the
    plaintiff/appellant and in favour of defendants (present respondents),
    however, the trial Court found possession of the plaintiff/appellant. Thus, by
    relying on the judgment of the Hon’ble Apex Court in the case of Rame
    Gowda (D) By LRs vs. M. Varadappa Naidu (D) By LRs & Anr.
    , 2004 (1)
    MPJR 366 protected possession of the plaintiff/appellant by issuing
    permanent injunction. As such, the suit of appellant was dismissed with
    respect to title however, decree for protecting his possession was passed vide
    judgment and decree dated 30.04.2011.

    9. The appellant/plaintiff as well as the defendants/respondents being
    aggrieved by the aforesaid judgment filed their separate appeals before the
    First Appellate Court. The appeal filed by the plaintiff was registered as

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    39A/2011 and the appeal filed by the respondents was registered as
    40A/2011. The First Appellate Court considered the issue of title of the
    plaintiff/appellant from para 11 to 15. The Court after extensive appreciation
    of evidence concluded that there is no document showing transfer of title of
    the suit property in favour of father of the plaintiff. The Court found that the
    agreement (Exhibit P/1) was insufficiently stamped unregistered instrument
    which cannot be treated to be an instrument for transfer of immovable
    property in view of the clear provisions of Section 17 and 49 of the
    Registration Act, 1908. Thus, the Court in para 15 concluded that title of
    plaintiff/appellant is not found proved. The Court also considered the issue of
    adverse possession and concluded in para 18 that it is the case of plaintiff
    himself that his father Ramchandraji entered into possession of the suit
    property based on Exhibit P/1 agreement, the as per plaintiff itself the
    possession was permissive. The First Appellate Court found that it has not
    been pleaded in the plaint as to when this permissive possession turned
    hostile. Thus, the Court found that no relief based on adverse possession
    could have been granted. Thus, this issue was also decided against the
    plaintiff/appellant. The First Appellate Court considered the issue of
    possession in para 19 of the impugned judgment and based on Exhibit P/10
    as well as P/11 found possession of the appellant/plaintiff on the suit
    property. However, the Court considered that the judgment of the Hon’ble
    Apex Court in case of Rame Gowda (supra) was later on considered by the
    Hon’ble Apex Court in case of Maria Margarida Sequeira Fernandez & Ors.
    vs. Erasmo Jack
    de Sequeira, AIR 2012 SC 1727 . The Hon’ble Apex Court

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    in the said case considered the term “due process of law” used in case of
    Rame Gowda. The Court concluded that due process means opportunity of
    being heard as nobody should be condemned unheard. A person in settled
    possession will not be dispossessed except by due process of law and it does
    not mean whole trial. Apart from the judgment of Maria Margarida (supra),
    the Appellate Court also considered the judgment of the Delhi High Court in
    case of Thomas Cook (India) Limited vs. Hotel Imperial, 2006 (88) DRJ 545
    and ultimately it concluded that in view of the fact that the appellant failed to
    prove his title with respect to suit property, consequentially he is not entitled
    for protection of his possession, thus the appeal of the present appellant was
    dismissed and the appeal filed by the respondents was allowed vide judgment
    dated 10.10.2013. Hence, the present appeal before this Court by the
    plaintiff/appellant.

    10. Learned counsel for the plaintiff/appellant while arguing on the
    question of protection of possession submitted that the First Appellate Court
    has grossly erred in reversing the decree of permanent injunction granted by
    the trial Court in view of the fact that the Appellate Court itself found
    possession of the appellant as concluded by it in para 19 of the impugned
    judgment. He submits that once this conclusion was drawn by the First
    Appellate Court, it was a bounden duty of the Court to protect the possession
    of appellant in view of settled position of law that once a person is found in

    settled possession, the same cannot be disturbed without due process of law.
    In support of his submission he has placed reliance on the judgment passed
    in case of Rame Gowda (supra) .

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    11. The learned counsel also placed reliance on the judgments of
    Hon’ble Apex Court as well as this Court rendered in the case of Balu vs.
    Ummed Singh & Ors. reported in 1990 RN 172; Gajendra Sing vs. Mansingh
    & Ors., 2000 (2) MPLJ 316; Dhansingh vs. Ganguba, AIR 1992 MP 311;
    Rameshwar vs. Smt. Alka, 2012(1) JLJ 443 as well as Puran Singh & Ors.
    vs. The State of Punjab
    , AIR 1975 SC 1674.

    12. The learned counsel for the appellant apart from the above also
    stressed upon the fact that the Appellate Court and even the trial Court erred
    in law while denying decree of title based on adverse possession. His
    submission is that the plea of adverse possession need not be specifically
    pleaded. It is included in the plea of title and for this proposition, he has
    placed reliance on the judgment of this Court rendered in the case of
    Chandasingh vs. Kalyansingh, 1981 (2) Weekly Note 257 . He further
    submitted that even if the agreement (Exhibit P/1) was an unregistered
    instrument, still based on the same the appellant and his family entered into
    possession and considering that they are in long-standing possession of the
    property, they have perfected their title based on this unregistered deed. In
    support of this proposition, he has placed reliance on the judgment rendered
    in case of Karamsingh vs. Surajmal Rameshchandra (Firm), 1979 M.P.
    Weekly Note 57 . Learned counsel thus submits that the appeal involves
    substantial questions of law hence, deserves to be admitted for hearing.

    13. Per contra, learned counsel for respondent No. 7 opposed the
    appeal on several grounds. His first contention is that findings regarding
    possession are in fact wrongly construed by the appellant. What has come to

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    the fore from the findings of the trial Court in view of the documents Exhibit
    P/10 and P/11 is that some of the artifacts/things of the appellant are lying on
    the suit property and not that entire suit property is in possession of the
    appellant. His second contention is that even if it is accepted for the sake of
    argument that the appellant is in possession of the suit property, the same
    cannot be protected after a full-fledged trial before the competent Court of
    law when the judgment and decree of the civil Court was assailed before the
    Appellate Court wherein the appellant has miserably failed on both
    occasions to establish his title on the suit property. He submits that this
    process has satisfied the requirement of due process of law. As such, the law
    as laid down in the case of Rame Gowda (supra) will not come to rescue the
    appellant and thus, the appeal deserves to be dismissed.

    14. In support of his submissions, learned counsel for the
    respondents has placed reliance on the judgment of this Court in case of
    Suleman vs. Narendra Kumar in Second Appeal No. 1258/2021 dated
    15.09.2023 as well as in case of Maria Margarida (supra).

    15. Apart from the above, learned counsel submitted that in fact
    there is another aspect of the matter in as much as the relief of permanent
    injunction was not the main relief in the suit. He submits that what was
    sought by the appellant in the suit was declaration of title and based on such
    title, the consequential relief of permanent injunction was prayed for. He
    submits that once the main relief was denied by the trial Court, the
    consequential relief of permanent injunction could not have been granted.
    For this proposition, he places reliance on the judgment of the Hon’ble Apex

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    Court in case of Padhiyar Prahladji Chenaji vs. Maniben Jagmalbhai, (2022)
    12 SCC 128. He, thus, supports the impugned judgment and decree and
    prays for dismissal of the appeal.

    Heard learned counsel for the parties. Perused the record.

    16. As far as the issue of adverse possession is concerned, a perusal
    of the entire plaint would show that what was pleaded by the plaintiff before
    the trial Court was existence of his title based on Exhibit P/1. According to
    the plaintiff himself, his father entered into an agreement with the father of
    defendants No. 1 to 6 pursuant to which agreement was executed and his
    father became title holder of the suit property on 18.07.1958 and after the
    death of his father, he and his mother became the title holder of the suit
    property. The submission of the learned counsel for the appellant that plea of
    adverse possession is included in the plea of title is not sustainable in the
    facts of the present case. It has now been settled by the Hon’ble Apex Court
    in a catena of judgment that plea of adverse possession is a plea where the
    rightful owner of the property is deprived from his rights on the property.
    Thus, there is no equity in favour of the person who pleads adverse
    possession and it is a burden very heavy upon that person to prove as to when
    the possession has become hostile to the true owner of the property.

    17. In the present case, contrary has been pleaded. In the present
    case, it has been placed that father of defendants No. 1 to 6 executed
    agreement and with his consent, father of the plaintiff entered into
    possession of the suit property. Even the written statement of the defendants
    would show that they pleaded that father of the plaintiff was permitted to

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    park his car in the suit property. Thus, there is complete absence of any
    pleading and evidence for establishing that possession of the plaintiff became
    hostile on a particular date and in absence of which no decree of declaration
    of title based on adverse possession could have been granted by the trial
    Court. The Hon’ble Supreme Court in the case of Narasamma v. A.
    Krishnappa
    , (2020) 15 SCC 218 held in para 30 to 38 as under:

    30. We may also note that on the one hand, the appellants herein have sought
    to take a plea of bar of limitation vis-à-vis the original defendant claiming that
    possession came to them in 1976, with the suit being filed in 1989. Yet at the
    same time, it is claimed that the wife had title on the basis of these very
    documents. The claim of title from 1976 and the plea of adverse possession
    from 1976 cannot simultaneously hold. On the failure to establish the plea of
    title, it was necessary to prove as to from which date did the possession of the
    wife of the defendant amount to a hostile possession in a peaceful, open and
    continuous manner. We fail to appreciate how, on the one hand the appellants
    claimed that the wife of the original defendant, Appellant 1 herein, had title to
    the property in 1976 but on their failure to establish title, in the alternative, the
    plea of adverse possession should be recognised from the very date.

    31. We also find that the reliance placed by the learned counsel for the
    appellants in Ravinder Kaur Grewal [Ravinder Kaur Grewal v. Manjit Kaur,
    (2019) 8 SCC 729 : (2019) 4 SCC (Civ) 453] is also misplaced. The question
    which arose for consideration before the three-Judge Bench was whether, a suit
    could be maintained for declaration of title and for permanent injunction
    seeking protection on a plea of adverse possession, or that it was an instrument
    of defence in a suit filed against such a person. In fact, if one may say, there
    was, for a long time a consistent view of the Court that the plea could only be
    of shield and not a sword. The judgment changed this legal position by opining
    that a plea to retain possession could be managed by the ripening of title by
    way of adverse possession. However, to constitute such adverse possession, the
    three classic requirements, which need to co-exist were again emphasised, nec
    vi i.e. adequate in continuity, nec clam i.e. adequate in publicity and nec
    precario i.e. adverse to a competitor, in denial of title and his knowledge.

    32. The question which confronts us is not the aforesaid, but whether
    simultaneously a plea can be taken of title and adverse possession i.e. whether
    it would amount to taking contradictory pleas. In this behalf, we may refer to
    the four judgments cited by the learned counsel for the respondent herein,
    which succinctly set forth the legal position.

    33. In Karnataka Board of Wakf case [Karnataka Board of Wakf v. Union of
    India
    , (2004) 10 SCC 779, para 11] , it has been clearly set out that a plaintiff
    filing a title over the property must specifically plead it. When such a plea of
    adverse possession is projected, it is inherent in the nature of it that someone
    else is the owner of the property. In that context, it was observed in para 12
    that “… The pleas on title and adverse possession are mutually inconsistent
    and the latter does not begin to operate until the former is renounced.”

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    34. The aforesaid judgment in turn relied upon the judgment in Mohan
    Lal [Mohan Lal v. Mirza Abdul Gaffar
    , (1996) 1 SCC 639] , which observed in
    para 4 as under: (SCC pp. 640-41)
    “4. As regards the first plea, it is inconsistent with the second plea. Having
    come into possession under the agreement, he must disclaim his right
    thereunder and plead and prove assertion of his independent hostile adverse
    possession to the knowledge of the transferor or his successor-in-title or
    interest and that the latter had acquiesced to his illegal possession during the
    entire period of 12 years i.e. up to completing the period of his title by
    prescription nec vi, nec clam, nec precario. Since the appellant’s claim is
    founded on Section 53-A, it goes without saying that he admits by implication
    that he came into possession of the land lawfully under the agreement and
    continued to remain in possession till date of the suit. Thereby the plea of
    adverse possession is not available to the appellant.”

    35. In order to establish adverse possession an inquiry is required to be made
    into the starting point of such adverse possession and, thus, when the recorded
    owner got dispossessed would be crucial. [P.T. Munichikkanna
    Reddy v. Revamma
    , (2007) 6 SCC 59]

    36. In the facts of the present case, this fact has not at all been proved. The
    possession of Smt Narasamma, the wife of the defendant, is stated to be on
    account of consideration paid. Assuming that the transaction did not fructify
    into a sale deed for whatever reason, still the date when such possession
    becomes adverse would have to be set out. Thus, the plea of adverse possession
    is lacking in all material particulars.

    37. The possession has to be in public and to the knowledge of the true owner
    as adverse, and this is necessary as a plea of adverse possession seeks to defeat
    the rights of the true owner. Thus, the law would not be readily accepting of
    such a case unless a clear and cogent basis has been made out [M. Siddiq (Ram
    Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1] .

    38. We may also note another judicial pronouncement in Ram Nagina
    Rai v. Deo Kumar Rai [Ram Nagina Rai
    v. Deo Kumar Rai, (2019) 13 SCC
    324 : (2018) 5 SCC (Civ) 722] dealing with a similar factual matrix i.e. where
    there is permissive possession given by the owner and the defendant claims
    that the same had become adverse. It was held that it has to be specifically
    pleaded and proved as to when possession becomes adverse in order for the
    real owner to lose title 12 years hence from that time.

    18. As such, in view of the above position of law, the case of
    Chandansingh (supra) as cited by the learned counsel for the appellant with
    respect to adverse possession will not held him. The trial Court as well as the
    First Appellate Court in para 18 of the impugned judgment has rightly
    concluded against the appellant on this issue.

    19. As far as the title of the plaintiff based in Exhibit P/1 is
    concerned, the first Appellate Court has correctly concluded in para 15 that

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    Exhibit P/1 is an unregistered document which cannot confer any title of an
    immovable property having value more than Rs. 100/- on the father of the
    plaintiff. In the considered view of this Court, there is no infirmity in this
    conclusion of the First Appellate Court. The provisions of Registration Act,
    1908
    and the Transfer of Property Act enjoins upon each and every person
    for executing instrument in accordance with the provisions of the said Acts
    for effecting sale of an immovable property. In the present case, the same is
    completely absent. Neither there is registration nor proper stamping on the so
    called agreement (Exhibit P/1). Thus, on this issue also the findings of both
    the Courts below are confirmed. The Hon’ble Apex Court in the case
    of Appineni Vidyasagar v. State of A.P. , (2004) 11 SCC 186 held in para 5
    to 7 as under:

    5. Learned counsel for the appellant submitted that the appellant having
    purchased the land, though not under a registered sale deed, did acquire title
    though imperfect. All the same, he was in possession of the land in question
    and, therefore, according to him, the landlord could not have surrendered the
    land in possession of the appellant, and he should have been compelled to
    surrender other lands which were in his personal possession in excess of the
    ceiling limit. He drew our notice to Section 10(5) of the A.P. Land Reforms
    (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as “the
    Act”) and submitted that since there was an encumbrance on the land in
    question on account of the unregistered sale deed executed in favour of the
    appellant, the Tribunal ought to have rejected the surrender made by the
    landlord of the land in question, and ought to have compelled him to surrender
    other lands which were not involved in dispute of any kind as contemplated by
    sub-section (5) of Section 10 of the Act.

    6. The High Court having considered the orders of the Land Reforms Tribunal
    and the Land Reforms Appellate Tribunal, came to the conclusion that both the
    Tribunals had fully considered the matter and had reached the right conclusion
    that the land, of which the appellant may have been in possession for some
    time, could be surrendered because in the absence of valid transfer of title the
    land formed part of the holding of the owner. The courts below have also relied
    upon the judgment of this Court in State of A.P. v. Mohd. Ashrafuddin [(1982)
    2 SCC 1] in which it was observed as follows: (SCC p. 4, para 9)
    “9. It is by now well settled that a person in possession pursuant to a contract
    for sale does not get title to the land unless there is a valid document of title in
    his favour. In the instant case it has already been pointed out that the transferee

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    came into possession in pursuance of an agreement for sale but no valid deed
    of title was executed in his favour. Therefore, the ownership remained with the
    respondent transferor. But even in the absence of a valid deed of title the
    possession pursuant to an agreement of transfer cannot be said to be illegal and
    the transferee is entitled to remain in possession. If per chance he is
    dispossessed by the transferor, he can recover possession. The transferor
    cannot file any suit for getting back possession but all the same he will
    continue to be the owner of the land agreed to be transferred. The respondent,
    in our considered opinion, satisfies the conditions contemplated by the
    definition of the term ‘holding’ and the land transferred by him under a
    defective title deed will form part of his holding. The High Court, therefore,
    erred in holding that the land in possession of the transferee cannot be taken to
    be a part of the holding of the respondent transferor.”

    7. We have perused the orders of the Land Reforms Tribunal as well as the
    Land Reforms Appellate Tribunal and we find no reason to take a different
    view. It cannot be disputed that the land in question had not been validly
    transferred in favour of the appellant and, therefore, the erstwhile owner in the
    absence of a valid sale deed continued to be the holder of the land. The matter
    has also been examined from another angle, namely, whether the appellant
    acquired title to the land in question by adverse possession. Even that has been
    answered against the appellant. In these circumstances, the High Court has
    rightly dismissed the CRP preferred by the appellant.

    20. This Court in the case of Kamal Singh v. Sharif Khan, 2024 SCC
    OnLine MP 1522 has considered the issue of transfer of title by an
    unregistered document. After considering the statutory provisions the court
    held in para 8 to 12 as under:

    8. On perusal of the document Ex. P-1 it is found that this document is an
    agreement to sell and it is an unregistered document. Section 54 of the Transfer
    of Property Act defines the sale which reads as under:–

    Section 54 defines the “Sale” of immovable property.-Sale is a transfer of
    ownership in exchange for a price paid or promised or part-paid and part-
    promised.

    Sale how made — Such transfer, in the case of tangible immovable property of
    value of one hundred rupees and upwards, or in the case of a reversion or other
    intangible thing, can be made only by a registered instrument.
    In the case of tangible immovable property of a value less than one hundred
    rupees, such transfer may be made either by a registered instrument or by
    delivery of the property.”

    9. In the case of Meghmala v. G. Narasimha Reddy, (2010) 8 SCC 383 it is
    held that an agreement to sell does not create any right or title in favour of the
    intending buyer.
    In the case of Suraj Lamp and Industries Pvt Ltd. v. State of
    Haryana, JT (2011) 12 SC 654 it is held that transfer of immovable property by
    way of sale can only be by a deed of conveyance (sale deed). In the absence of
    a deed of conveyance (duly stamped and registered as required by law) no
    right, title or interest in an immovable property can be transferred.

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    10. Section 17 of the Registration Act, 1908 also provides the registration of
    document. Section 17 reads as under:–

    17. Documents of which registration is compulsory. —

    (1) The following documents shall be registered, if the property to which they
    relate is situate in a district in which, and if they have been executed on or after
    the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866,
    or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or
    this Act came or comes into force, namely:–

    (a) instruments of gift of immovable property;

    (b) other non-testamentary instruments which purport or operate to create,
    declare, assign, limit or extinguish, whether in present or in future, any right,
    title or interest, whether vested or contingent, of the value of one hundred
    rupees and upwards, to or in immovable property;

    (c) non-testamentary instruments which acknowledge the receipt or payment of
    any consideration on account of the creation, declaration, assignment,
    limitation or extinction of any such right, title or interest; and

    (d) leases of immovable property from year to year, or for any term exceeding
    one year, or reserving a yearly rent;

    (e) non-testamentary instruments transferring or assigning any decree or order
    of a Court or any award when such decree or order or award purports or
    operates to create, declare, assign, limit or extinguish, whether in present or in
    future, any right, title or interest, whether vested or contingent, of the value of
    one hundred rupees and upwards, to or in immovable property:

    11. Section 49 of the Registration Act, 1908 reads as under:–

    “49. Effect of Bosa-registratioii of documents required to be registered.–No
    document required by section 17 [or by any provision of the Transfer of
    Property Act, 1882
    (4 of 1882)], to be registered shall–

    (a) affect any immovable property comprised therein, or

    (b) confer any power to adopts or

    (c) be received as evidence of any transaction affecting such property or
    conferring such power, unless it has been registered:

    [Provided that an unregistered document affecting immovable property and
    required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be
    registered may be received as evidence of a contract in a suit for specific
    performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) or as
    evidence of any collateral transaction not required to be effected by registered
    instrument]

    12. So on perusal of the provisions of Section 54 of the Transfer of Property
    Act, Sections 17 and 49 of the Registration Act it is clear that no right, title or
    interest in immovable property can be transferred without registration of the
    sale deed.

    As such, the appellant cannot claim title based on an unregistered
    instrument, moreover in the present case, the said instrument is only a
    purported agreement to sale and not even an unregistered sale deed.

    21. This brings us to the last issue i.e. protection of possession of the

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    appellant. The fulcrum of the argument of learned counsel for the appellant
    on this issue is that the First Appellate Court in para 19 of the impugned
    judgment has concluded that appellant is in possession of the suit property.
    His submission is that same was the finding of the trial Court. Thus, the trial
    Court correctly protected the possession of the appellant and Appellate Court
    has illegally reversed that finding. This argument is based on the proposition
    as laid down by the Hon’ble Apex Court in the case of Rame Gowda
    (supra). However, the learned counsel for the appellant has completely
    ignored the subsequent judgment of the Hon’ble Apex Court passed in case
    o f Maria Margarida (supra). In the said case, the Hon’ble Apex Court
    explained the purport of due process of law. A careful reading of the said
    judgment
    would show that filing of the suit by the appellant/plaintiff for
    declaration of title and consequential decree denying relief of title after
    giving full trial in which full opportunity to lead evidence and prove his case
    was given by the trial Court are sufficient compliance of the said
    requirement. Thus, the appellant here is not being condemned unheard. It is
    also to be kept in mind that even the revenue authority did not entertain the
    application of defendant No. 1 to 6 only for the reason that dispute of title
    was pending. It is not even the case of appellant / plaintiff that the defendants
    are using force against them. As such, in the considered view of this Court,
    the First Appellate Court has correctly reversed the judgment and decree of
    the trial Court with respect of permanent injunction.

    22. There is yet another reason for reaching to this conclusion. A
    perusal of the plaint would show that the case was brought by the appellant

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    for declaration of title and consequential relief of protection of possession.
    However, the trial Court as well the First Appellate Court did not find the
    title of the appellant on the suit property. Thus, on this issue both the Courts
    concurrently dismissed the suit of the appellant and once the suit for
    substantive/main relief was dismissed, it was imperative for both the Courts
    below that the suit for consequential relief of permanent injunction should
    also be dismissed. The Hon’ble Apex Court in case of Padhiyar Prahladji
    (supra) has held in para 28 to 30 as under :

    “28. In the said decision in Maria Margarida (supra), this Court has approved
    the following findings of the High Court of Delhi in Thomas Cook (India) Ltd.
    v. Hotel Imperial
    (supra)

    “28. The expressions “due process of law”, “due course of law”

    and “recourse to law” have been interchangeably used in the
    decisions referred to above which say that the settled possession of
    even a person in unlawful possession cannot be disturbed
    “forcibly” by the true owner taking law in his own hands. All these
    expressions, however, mean the same thing-ejectment from settled
    possession can only be had by recourse to a court of law. Clearly,
    “due process of law” or “due course of law”, here, simply mean
    that a person in settled possession cannot be ejected without a
    court of law having adjudicated upon his rights qua the true
    owner.

    Now, this “due process” or “due course” condition is satisfied the
    moment the rights of the parties are adjudicated upon by a court of
    competent jurisdiction. It does not matter who brought the action
    to court. It could be the owner in an action for enforcement of his
    right to eject the person in unlawful possession. It could be the
    person who is sought to be ejected, in an action preventing the
    owner from ejecting him. Whether the action is for enforcement of
    a right (recovery of possession) or protection of a right (injunction
    against dispossession), is not of much consequence. What is
    important is that in either event it is an action before the court and
    the court adjudicates upon it. If that is done then, the “bare
    minimum” requirement of “due process” or “due course” of law
    would stand satisfied as recourse to law would have been taken. In
    this context, when a party approaches a court seeking a protective
    remedy such as an injunction and it fails in setting up a good case,
    can it then say that the other party must now institute an action in
    a court of law for enforcing his rights i.e. for taking back
    something from the first party who holds it unlawfully, and, till
    such time, the court hearing the injunction action must grant an

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    injunction anyway? I would think not. In any event, the “recourse
    to law” stipulation stands satisfied when a judicial determination is
    made with regard to the first party’s protective action. Thus, in the
    present case, the plaintiff’s failure to make out a case for an
    injunction does not mean that its consequent cessation of user of
    the said two rooms would have been brought about without
    recourse to law.”

    29. Applying the law laid down by this Court in the aforesaid decision to the
    facts of the case on hand and once the rights of the parties are adjudicated and
    Defendant 1 is held to be the true owner on the basis of the registered sale deed
    and on payment of full sale consideration, it can be said that due process of law
    has been followed and thereafter the plaintiff is not entitled to any permanent
    injunction against the true owner.

    30. In view of the above discussion and for the reasons stated above, all the
    courts below have erred in granting permanent injunction in favour of the
    plaintiff and against Defendant 1, who is the true owner. After having held that
    the plaintiff had no title and after dismissing the suit qua the cancellation of the
    registered sale deed and the declaration, the plaintiff is not entitled to relief of
    permanent injunction against Defendant 1 – the true owner.”

    23. As far as the reliance placed by the learned counsel for the
    appellant on the judgment of the Hon’ble Apex Court in case of Rame
    Gowda
    (supra) and Dhansingh (supra) are concerned, in view of the above
    analysis and the law as laid down by the Hon’ble Apex Court while
    considering the judgment of Rame Gowda (supra) in the case of Maria
    Margarida
    (supra), the requirement of due process of law has been satisfied.
    Thus, the same will not come to rescue the appellant in the present case.
    As
    regards the judgment in case of Balu Singh (supra) what was held in the said
    case is that the possession could not have been disturbed in absence of due
    process of law. As regards the orders passed by this Court and relied upon by
    the learned counsel for the appellant, in view of the above discussion, the
    judgments of the Hon’ble Apex Court in the case of Maria Margarida (supra)
    a n d Padhiyar Prahladji (supra) would show that in the present case, the
    requirement of due process of law has been satisfied. Thus, these cases will
    also not come to the rescue of the appellant.

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    Signing time: 21-Jul-26
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    21. In view of the above analysis of facts and the position of law,
    this Court is of the considered view that the First Appellate Court has
    correctly recorded its findings and there is no perversity or infirmity in the
    same. The appeal is bereft of any substantial question of law. Thus, the
    same is hereby dismissed.

    No order as to cost.

    Record of the Courts below be sent back.

    (PAVAN KUMAR DWIVEDI)
    JUDGE

    vidya

    Signature Not Verified
    Signed by: SREEVIDYA
    Signing time: 21-Jul-26
    10:33:44 AM



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