Mahnoor Fatima Imran & Ors Vs Visweswara Infrastructure Pvt. Ltd & Ors. (Supreme Court of India)
If Original Sale Agreement Is Unregistered, Registration of Subsequent Instrument Won’t Confer Title : Supreme Court
The Supreme Court held that the registration of a document gives notice to the world about its execution but does not confer an unimpeachable validity.
The Court held thus in Civil Appeals filed against the Order of the Telangana High Court’s Division Bench in a Writ Appeal filed from the Judgment in a batch of Writ Petitions dismissed by a common Order.
The two-Judge Bench comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran observed, “The observation that registration of a document gives notice to the world that such a document has been executed is not to confer an unimpeachable validity on all such registered documents. Even the respondents/writ petitioners accept that the presumption coming forth from a registered deed of conveyance is rebuttable.”
The Bench emphasised that the power of absolute right over lands is on the State and the person in occupation, is only there, by virtue of the grants, which can be brought to an end by the State which has the power of eminent domain.
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