Shakeel Ahmed Vs Syed Akhlaq Hussain (Supreme Court of India)
The Supreme Court, in the case of Shakeel Ahmed v. Syed Akhlaq Hussain (Civil Appeal No. 1598 of 2023), recently delivered a significant judgment reinforcing the principle that no title of immovable property can be transferred based on an unregistered agreement to sell and an unregistered general power of attorney.
Case Points:
- The order & Judgement dated 23.08.2018 already passed by High Court of Delhi in RFA No. 191 of 2013 between Shakeel Ahmed and Syed Akhlaq Hussain, whereby the appeal was dismissed and the judgment and decree of the Trial Court decreeing the suit for possession and mesne profits has been affirmed.
- Moreover, Ahmad was the defendant in the suit for possession and mesne profits instituted by the respondent with respect to a property. The suit was filed on the basis of a power of attorney, an agreement to sell, an affidavit and a will executed in favour of Hussain.
- The appellant was in possession of the property in question. The suit was contested on several grounds that the appellant was the owner of the property having received the same based on a Hiba (oral gift) from its owner Laiq Ahmed his own brother. The suit was not maintainable because none of the documents was not registered and enforceable by law. That all the issues were finding by the trail court and decided against the appellant and in favour of the respondent. When an appeal was filed in the high court, confirmed the decree of possession, and dismissed the appeal. Both parties led evidence – oral and documentary.
- Even if these documents were registered, the top court said in its order dated November 1, 2023, it could still not be said that the respondent would have acquired title over the property in question.
Observation:
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