assignment of decree registration

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Registration of decrees and orders of civil courts under registration act.

A ‘decree’ is a formal expression of an adjudication which as far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in a suit. Both judicial order and decree are public documents.

In this regard, some important provisions of the Registration Act, 1908, herein after called “The Act” must be taken into account. The Act is a central legislation, which is applicable to whole of India except the State of Jammu and Kashmir. Section 17 of the Act specifies the documents for which registration is compulsory. Sub-Section (1)(e) of the Act is replicated below –

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

Provided that the State Government may, by order published in the Official Gazette, exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.”

The cumulative effect of the above provision is that every decree, whether it is primary or final, if it relates to any immovable property valued rupees 100 or more, requires compulsory registration. Even a temporary Injunction order passed relating to immovable property passed under Order 39, Rule (1) and (2) requires registration under Registration Act, 1908.

The Act also prescribes the procedure for registration of a decree. Sub-Section (1) of Section 89-A provides that –

Every Court passing –

• Any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or
• An order for interim attachment or attachment of immovable property or for the release of any immovable property from such property from such attachment,

shall, in accordance with the rules made in this behalf, send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by Section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of immovable property comprised in such decree or order is situate, and such officer shall file the copy of the memorandum in his Book No. 1.

Section 49 of the Act clarifies the effects of non-registration of document required to be registered. The provision lays down that if a document that requires registration under Section 17 of the Act or under any provision of the Transfer of Property Act, 1882, till the time has not been registered, it shall not:

• Affect any immovable property comprised therein,
• Confer any power to adopt, or
• Be received as evidence of any transaction affecting such property or conferring such power.

The proviso to the said rule says that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 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 or as evidence of any collateral transaction not required to be effected by registered instrument.

Now the important question for consideration is whether an unregistered decree or judicial order which requires compulsory registration under Section 17 of the Act is executable or not. The simple answer is that Section 49 does not come in the way of execution of such decree or order. In this context, it is pertinent to cite two judgements.

• In the case of Ramavtar Kedarnath Gupta versus Ramgopal since deceased through Legal Representative, Reported in 2002(3) MP Law Journal 118, the Madhya Pradesh High Court held that an Arbitral award, although not registered as required under Section 17 of the Registration Act, 1908, could not be thrown out as a waste paper even if the same was not made a rule of Court. Likewise, judicial orders and decrees cannot be overlooked if they are not registered under the Registration Act, 1908.
• In the recent case of Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana, reported in 2012(4) MP Law Journal (SC) 315, the Supreme Court observed that registration provides safety and security to transactions relating to immovable property, even if the document is lost or destroyed. It gives publicity and public exposure to documents thereby preventing forgeries in regard to transactions and execution of the documents.

The importance of the registration of court decrees and orders could also be understood by the following two illustrations—

• X has a registered will in his favour. Mr. Y challenged the will in a civil court. The court declares that the will was suspicious and void. Accordingly, the court issued decree in favour of Mr. Y. But the court does not send the decree for registration to the Registrar. If Mr. X sells the property comprised in the will to Mr. Z, without disclosing this fact that the will has been declared void, the sale would amount to fraud. This fraud could have been prevented, if the decree was registered in time under the Act.
• A purchases a property from Mr. B, which property does not belong to Mr. B. Mr. C challenges the sale deed in a civil court and obtains the decree in his favour and declaration that he is the owner of the property. The copy of decree is not registered as per Section 17 of the Act. If Mr. A, representing himself to be the owner of the property, sells the property to Mr. D, Mr. C will have to file a fresh suit against Mr. D. In the suit, Mr. D may take the defence that he is a bona fide purchaser who has paid the consideration.

To avoid such unpleasant situations, it is strongly recommended that every decree and judicial order, even if passed by way of an interim injunction, that affects the rights in respect of and/or obligations toward an immovable property, is registered under the Registration Act, 1908.

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11 thoughts on “ Registration of decrees and orders of Civil Courts under Registration Act ”

I have gone through the legal details given in your posting. I request you to kindly inform me for the following case. A sold property to B. C challenged the registration between A and B. After arguments in court, court passed the decree in favour of C, however, not registered in the registrar office. Till now the documents such as EC and sale deed are on the name of B. Can the B the owner of site now.

dear sir, plaintiff sued against plot owners for relief of perpetual injunction. Court decreed the case in 1999 as “dismissed as adjusted out of the court”. A memorandum of adjustment got attached with the decree in the court records wherein plaintiff surrendered all rights/titles/interest/claims of property to corresponding plot owners.

Is section 89 applicable to this decree as it is “dismissed as adjusted out of court”? Shoudl th court have sent a copy of this decree to appropriate registration office as per section 89-A? Is section 89-A applicable to erst-while Andhra-Pradesh and current Telangana?

is section-89A applicable pan India or just to Goa?

Dear sir, Grandfather property decree I have received last two year but now advocate misguiding me so help me how I register my decree in registrar office faridabad

Sir, I have not registered my decree in tehsil office karnal in 2013, now it’s not getting registered also intkal is not going on. Please help to get registered or intkal completion

Very useful article. I am benefitted.

A sold property to B and B paid Three fourth amount to the A one fourth amount has to pay by the time of registration. Meanwhile B s brother send a notice he has to get some amount of share in that property so the registration not done. It went on 2 yrs now the B and his brother together made a decree whatever the property sold to u selling to his brother.

what is the procedure to register court compromise decree????

if a court decree or lok adalat decree is presented for registration in Tamil nadu Registration offices whether a partition sale deed etc how to calculate the stamp duty and fees for registration. please publish the copy of order or orders regarding this

Thanks for the nice article. I have 2 questions (being a decree-holder): a) Who has the responsibility to register the decree – the court or the decree-holder? Your article states that the ordering court shall send decree copy to Registrar. b) If court fails to send decree copy, can the decree-holder be penalized for this lapse.

Thanks a lot..

After lok adalats order than we take decree from telhera court .talathi suggest us registred decree .book no 1 registration .is compelcery.please help us

I HAVE RECEIVED A COURT DECREE IN MY AND MY SISTER NAME AND I HAVE SEND THESE PAPERS TO THE PATWARI AND TEHSIL OFFICE IN MARCH 2018,BUT TILL TO DATE THEY HAVE NOT ENTERED INTKAL IN MY FAVOUR, TELL ME WHATS THE PROCEDURE FOR TAKING INTKAL ON THE BASIS OF ABOVE DEGREE.NOW PEOPLES ARE MISGUIDING ME THAT YOU HAVE TO PAY STAMP DUTY FOR INTKAL AND OTHER END PATWARI ASKING FOR HUGE AMOUNT AS BRIBE FOR INTKAL.PLEASE GUIDE ME

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Friday 16 June 2017

Whether it is necessary to register compromise decree if it creates right in property for first time.

In other words parties to a compromise decree if had pre - existing right over suit properties, the compromise decree is not compulsorily registrable.But lower Court continue to demand stamps for writing the compromise decee even when parties had preexisting rights.

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...precarious on account of the existence of the restraint order, they indulged therefore in legalistics in projecting that the assignment of a decree cannot be confused to be a transfer or alienatio...way in which the trial court and the Additional District Judge have been led to in pronouncing on the two contentions raised as to the nature of assignment of a decree , being property or not; and the... decree for partition.4. As said before, the assignment is by means of a registered deed. The assignment had taken place after the passing of the preliminary ...

...amendments which are not material for our present purpose, provides:“16. Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest ...postulates, first, that a decree has been passed and, secondly, that that decree has been transferred (i) by assignment in writing, or (ii) by operation of law. The cardinal rule of construction ...there is no assignment of the decree in favour of the first respondent.”7. The learned Chief Justice, like Dixit, J., however, departed from the rule of strict or li...

...behalf that assignment of a decree was different from alienation of the property and the same was not prohibited by the order of injunction. The application for impleadment was allowed by the trial...:“4. As said before, the assignment is by means of a registered deed. The assignment had taken place after the passing of the preliminary decree in which Pritam Si...appreciable difference whether property per se had been alienated or a decree pertaining to that property. In defiance of the restraint order, the alienation/ assignment was made. If we were to let it...

...execution application pursuant to the deed of assignment dated April 25, 1963. Thereafter, the execution application filed by the appellants was taken up and was dismissed on October 9, 1964, on the ground that the assignee had no r...judgment-debtor have colluded to deprive the appellants of their rights under the deed of assignment and how the Executing Court tacitly gave its seal of approval by permitting satisfaction of the decree t...the Court in whole or in part as the case may be. Order 21 Rule 16 with which we are primarily concerned is as follows:“16. Where a decree or, if a decree has been passed jointly in favour ...

...Madhavan Nair, J.:— This civil miscellaneous second appeal arises out of a petition filed by the appellant to recognize the assignment to him of the decree , passed in C.S 10 of 1920 on ...file of the Principal District Munsif of Nellore and for execution of the same. In that suit one Katakam Lakshamaya obtained a decree against defendant 5 for a sum of Rs. 312. This was as...there was no consideration for the assignment deed Ex. A and that it was intended to prevent the counter-petitioner's company from setting off the decree amount in O.S 251 of 1920 against the amount in...

...Ramaswami, J.:— The assessee who is a pawn-broker obtained an assignment of a decree for Rs. 8,000 for a consideration of Rs. 4,000. During the previous year relevant to the assessment...set off and the balance of consideration was paid in cash. The Income-tax Officer considered that the assessee had made a profit of Rs. 4,000 in the transaction relating to the assignment of the ...nature of trade. The Appellate Assistant Commissioner held that the object of getting the assignment of the decree was purely to make a profit and that the assessee did not get the ...

...to do so as assignee under an oral transfer. His application was rejected on the ground that an assignee could execute a decree only when the assignment was in writing. The appellant subsequently obtained an .... 2. It is argued that a person, who has got an assignment not in writing, is entitled to apply for execution as a decree -holder. This contention cannot be upheld as to do so would be clea...co-parceners of the family. He could not, therefore, be regarded as assignee by operation of law. It is urged that there would be much hardship in holding that a person who has an oral assignment of ...

...instance, that the debtor and the decree -holder have since the transfer composed the matter. But these are the risks attendant upon taking an assignment of a decree . No doubt a transferee who finds that...The petitioner in this Civil Revision Petition is the judgment-debtor in a suit S.C No. 563 of 1933. The decree -holder in that suit was the judgment-debtor of the present petitioner in...another suit S.C No. 112 of 1923. The decree -holder in the first of these suits transferred his decree to the present respondent on 5th July 1933. But on 17th August 1933, the petitioner and the decree ...

...necessary to state the contentions elaborately. The facts as found by the courts below are that the 2nd defendant, a junior member of a Marumakkathyam Tarwad got an assignment of the decree in O.S..., Shri. Krishnaswami Iyengar raised only one point viz., that when a junior member obtains an assignment of a secured decree against the Tarwad and purchases Tarwad properties in execution he should...Ramakrishnan (7 T.L.R App. 46) and that a Division Bench of the court held against the view contended for by him in this case. It was held that a junior member could obtain an assignment of ...

...allowing I.A No. 4 and recognising the assignment in favour of respondents 1 to 6.2. The decree holder Sanna Thimmakka had obtained a decree for maintenance against her son Devanidhi Sanna...Transfer of Property Act prohibits the transfer of a right to future maintenance, in whatsoever manner arising, secured or determined. The Learned Author Shri Mulla in his Transfer of Property....5. Order 21 Rule 16 C.P.C reads as:—“Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest ...

...1. This civil miscellaneous second appeal arises out of a petition filed by the appellant to recognise the assignment to him of the decree passed in O.S. No. 10 of 1920 on the file ...principal District Munsif of Nellore and for execution of the same. In that suit one Katakam Lakshmayya obtained a decree against the 5th defendant for a sum of Rs. 312. This was assigned by the ...consideration for the assignment deed Ex. A . and that it was intended to prevent the counter-petitioner's company from setting off the decree amount in O.S. No. 251 of 1920 against the amount in O.S. No. 10...

...pronounced on 31st March 1930, that is to say, two days before the deed of assignment , but the decree was not prepared and signed until 7th April 1930. The first point raised on behalf of the appellant is that the ...itself draws a distinction between a judgment and a decree and that no decree can be enforced until it has been prepared and signed. I think however that a complete answer to this contention is pr...on behalf of the appellant was that because the plaintiff was the assignee of the decree of the trial Court only, the assignment in his favour did not carry with it the right in the decree of the ...

...prescribing the procedure to be followed in cases of assignment before final order in suits, Cl. 2 of O. 22, R. 10 provides as follows:“The attachment of a decree pending an appeal...is entitled to take similar proceedings against Anganna Reddi. It was argued that there is a difference between the attachment of a decree and an assignment of a decree . No doubt...for which that decree was attached. In the case of an assignment of a decree , this Court has laid down in Govindappa v. Hanumanthappa...

...rule is in the following terms:—Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree -holder in the ...perfectly clear. As I read it, it empowers a transferee of a decree , when the transfer is by assignment , in writing to apply for the execution of the decree and it goes on to say that the...application that there has been a valid assignment of the decree and in the next application for execution of the decree that it cannot be executed against the judgment-debtors in view of the...

...holder Nos. 3 and 5 to 8 have transferred their rights by executing affidavits-cum-declarations in favour of decree holder No. 4, as such, the decree holder No. 4 is to be treated as transferee of the ...in respect of immovable property does not require any registration as what is required is only for assignment of a decree by...the decree by way of assignment by the decree -holder Nos. 3 and 5 to 8 in favour of the decree -holder No. 4 requires registration under ...

...This suit was brought on an arrangement, which was made between the plaintiff and the defendant, that the defendant was to take an assignment of a decree , which the plaintiff obtained...has become an insolvent, the defendant is not bound to accept the assignment of the decree and is not bound to pay the money due under the contract. Reliance is placed on a case reported in...barred by limitation, as the assignor did not take steps in time to keep the decree alive; their Lordships held that as the plaintiff had agreed to take the assignment of a subsisting decree , there was ...

..., when the representative was, as regards that interest, bound by the decree . I think the word, when used with reference to a decree -holder, must in the same way include the purchaser of the decree from th...question of the transfer of the decree . That section, as amended by act vii of 1888, provides that, if a question arises as to who is the representative of a party for the purpose of the section, the Court may eith...can execute the decree , but it is the written assignment and not the recognition which makes him the transferee in law. The omission of the transferee, if it was an omission, to make a formal...

...view of the assignment of the decree made in favour of the plaintiff she alone was found entitled to realise the amount of the decree from the trustees and a decree was ...fraudulent. If an assignment of a decree is made by a decree -holder to defraud his own creditors it may not be open to him to object to the assignment during his lifetime (for which see...most solemn documents and even proceedings of Court and I cannot see how the 4th defendant could be held to be debarred from attacking the validity of the assignment of the decree and from showing that her debtor w...

...subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.”7. A bare perusal ... decree without separate assignment of a decree .8. In view of this, I find no ground to interfere in the order of the trial Court. Consequently, the civil revision is dismissed with no order ...is that in the present case, decree has not been assigned in writing by the decree -holder in favour of the transferee and thus Shrimati Veena Rani cannot be impleaded as a decree -holder in place of...

...appearing on behalf of the respondent, however, drew my attention to some cases of this Court in which it has been held that an assignment of a mortgage decree comprising immovable property does n...Bhattacharjya, (3) (12 C.W.N 625). Now, a mortgage of immoveable property certainly creates an interest in favour of the mortgagee in such property. But if an assignment of a ...mortgage does not constitute an assignment of immoveable property, there is all the greater reason why a decree passed in an agreement for sale of immoveable property should not be regarded as an...

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ESTELA M. PERLAS-BERNABE * Associate Justice

A T T E S T A T I O N

I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

PRESBITERO J. VELASCO, JR. Associate Justice Chairperson

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

MARIA LOURDES P.A. SERENO Chief Justice

* Additional member per raffle dated December 9, 2014.

1 Penned by Associate Justice Zenaida T. Galapate-Laguilles and concurred in by Associate Justices Marlene Gonzales-Sison and Amy C. Lazaro-Javier.

2 An Act Providing a Special Procedure for the Reconstitution of Torrens Certificates of Title Lost or Destroyed.

3 Rendered by Judge Robert O. Rudio.

4 G.R. No. 173210, April 24, 2009, 586 SCRA 600.

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• Order XXI Rule 16 CPC - Transferee...

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

Livelaw news network.

21 Oct 2021 4:00 PM GMT

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the decree.The bench comprising...

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.

Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the decree.

The bench comprising Justices Sanjay Kishan Kaul and BR Gavai observed that the objective of the said amendment is to avoid multifarious proceedings to determine the issue of assignment and to determine the issue of assignment in the execution proceedings itself.

The bench was hearing an appeal arising out of a claim based of an assignee of the decree holder in terms of Order XXI Rule 16 CPC ( application for execution by transferee of decree). During the pendency of the execution proceedings, the decree holder died. The appellants (now before SC) filed application before the executing court under Section 47 read with Order 22 Rules 1&2 of the CPC. This claim was based on the basis of an assignment made by the deceased decree holder (prior to decree). This application was dismissed by the Trial Court, and later by the High Court.

In appeal, the appellants referred to the Supreme Court judgment in Jugalkishore Saraf v. M/s. Raw Cotton Co. Ltd . It was held therein that Order XXI Rule 16 contemplates the actual transfer of the decree by an assignment in writing executed "after the decree is passed". According to that decision, while a transfer of or an agreement to transfer a decree that may be passed in the future may, in equity, entitle the intending transferee to claim the beneficial interest in the decree after it is passed, such equitable transfer does not relate back to the prior agreement and does not render the transferee a transferee of the decree by an assignment in writing within the meaning of Order XXI Rule 16 of the CPC.

According to the appellants, the amendments made to the CPC vide the Code of Civil Procedure (Amendment) Act, 1976 changes this position and the above judgment was delivered before this amendment (and thus do not apply to this case). The respondents, on the other hand, contended that, the decree not being in existence, they were fully covered by the judgment in Jugalkishore Saraf and that the amendments to Order XXI Rule 16 would not change the position of law as laid down therein.

The 1976 amendment added the following Explanation to Order XXI Rule 16: Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.

The court, referred to the Law Commission report and the amendment of 1976 and noted as follows:

24. It is an admitted position that the explanation was added to Order XXI Rule 16 which did not exist earlier, pursuant to the recommendations made by the Law Commission of India in its 54th Report on the Code of Civil Procedure, 1908. The Explanation was so added due to conflicting High Courts' decisions on the question, i.e., whether a person who does not have a written assignment of the decree, but who has succeeded to a decree holders' right, is entitled to such decree under Section 146 of the CPC.

Thus, the Law Commission recommended amending Order XXI Rule 16 to clarify that it does not affect the provisions of Section 146 and that a transferee of rights in the subject matter of the suit can obtain execution of a decree without separate assignment of the decree . The objective appears to be to not have multifarious proceedings to determine the issue of assignment, but to determine the issue of assignment in the execution proceedings itself.

We are of the view that the objective of amending Order XXI Rule 16 of the CPC by adding the Explanation was to deal with the scenario as exists in the present case, to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree. Thus, what has been discussed even in the judgment in Jugalkishore Saraf as a view based on the equitable principle was sought to be incorporated in Order XXI Rule 16 of the CPC by adding the Explanation, something which had not been done earlier. Once the legislative intent is clear, and the law is amended, then theearlier position of law cannot be said to prevail post the amendment and it is not in doubt that the present case is one post the amendment

Observing thus, the bench allowed the appeal. It clarified that the validity of the document, i.e., the Assignment Deed or the cheque as that would be a matter to be decided by the executing court.  "The question was as to whether at the threshold, the appellants' objection could be rejected on the ground that they were assignees who had acquired the rights prior to the passing of the decree. The rest of the job would be of the executing court, despite the considerable prolongation which has taken plac e.", the court observed.

Case name and Citation: Vaishno Devi Construction vs. Union of India LL 2021 SC 580

Case no. and Date: CA 18278 OF 2017 | 21 October 2021

Coram: Justices Sanjay Kishan Kaul and BR Gavai

Click here to Read/Download Judgment

Compromise Decree Requires No Registration If It Does Not Take In Property That Is Not Subject Matter Of Suit

Contributor

The Supreme Court of India in its recent decision in Mohammade Yusuf & Ors V. Rajkumar & Ors. observed that a compromise decree does not require registration if it does not take in property that is not the subject-matter of the suit.

A suit for declaration and injunction being (suit no. 250-A of 1984) was filed by one Habib Kha, the father of the Appellant in respect of property admeasuring. 7 biswa at Survey No. 203 situated at Village Kitvani, Kasba Mandsaur (" Suit Property "), which was attached in east to the land of plaintiff being Survey No.223 (hereinafter the " First Suit "). The plaintiff was in possession of the suit property, which was recorded in the name of defendant. A compromise decree dated 04th October 1985 was passed in the Suit declaring the right of plaintiff on 7 biswa area i.e. the Suit Property and it was declared that remaining land belonged to the defendant to the Suit.

The Appellants, being sons of Habib Kha claimed to be in possession of the Suit Property and continued to be in possession thereof. Another suit (being suit no.90-A of 2006) was filed by Respondent Nos. 1 and 2 against the Appellants for perpetual injunction in respect of two areas admeasuring 825 square feet and 1650 square feet bearing Survey No.203 forming part of the Suit Property (" Second Suit ").

A written statement was filed by the Appellants in the Second Suit wherein it was pleaded that the Respondents have forcefully taken the possession of area admeasuring 1650 sq. ft. being the part of survey No.203, which was in actual, peaceful and uninterrupted possession of the Appellants and their family since 1951. Along with the written statement, a counter claim was filed by the Appellants for recovery of possession of the said area.

During the evidence of one of the Appellants, he tried to exhibit the compromise decree dated 04th October 1985 passed in the First Suit, and this was objected by the plaintiff to the Second Suit. The Plaintiff's objection to the admissibility of the decree was that the decree was not registered and therefore cannot be accepted in evidence.

The Learned Civil Judge on hearing the parties, passed an order dated 7th October 2015 on the admissibility of the said decree and stated that the compromise decree dated 04th October 1985 is required to be registered as per the provisions of Section 17(1) (e) of the Registration Act, hence it is not admissible in evidence. A Writ Petition (being No. 2170 of 2015) was filed by the Appellant challenging the Civil Judge's order dated 7th October 2015. The High Court by the impugned judgment dismissed the Writ Petition stating that the decree was required to be registered.

The High Court held that the very fact that the First Suit was based on the plea of adverse possession reflects that the Plaintiff of the First Suit had no pre-existing title to the Suit Property. Relying on the judgment of the Supreme Court in Gurdwara Sahib Vs. Gram Panchayat Village Sirthala and Another, (2014) 1 SCC 669, the High Court held that it is settled that declaratory decree based on the plea of adverse possession cannot be claimed and adverse possession can only be used as a shield by the defendant. Aggrieved with this judgment of the High Court, the plaintiff filed an appeal before the Supreme Court of India.

The issue to be considered in the appeal was whether the compromise decree dated 4th October 1985 was required to be registered under Section 17 of the Registration Act, 1908 or not?

The apex court considered Part III of the Registration Act, more particularly, Section 17 thereof. Section 17(1) deals with documents of which registration is compulsory. Section 17(2) provides that nothing in clauses (b) and (c) of sub-Section (1) applies to various documents as enumerated therein. Importantly, Section 17(2)(vi) states as follows:

"(2) Nothing in clauses (b) and (c) of subsection (1) applies to— (vi) any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding;"

The court observed that generally, a compromise decree passed by a Court would be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding. Thus, by virtue of sub-section(2)(vi) of Section 17, any decree or order of a Court does not require registration.

By conjointly reading Section17(1)(b) and Section 17(2)(vi), it is clear that a compromise decree comprising immovable property other than which is the subject matter of the suit or proceeding requires registration, although any decree or order of a Court is exempted from registration by virtue of Section 17(2)(vi).

A copy of the compromise decree passed on 04th October 1985 in the First Suit was brought on record in the Second Suit. The compromise decree was passed by the court in respect of the Suit Property, which was also the subject matter of the Second Suit. Accordingly, the court observed that the exclusionary clause in Section 17(2)(vi) is not applicable and the compromise decree was not required to be registered.

The apex court discussed the judgment in Gurdwara Sahib v. Gram Panchayat (supra) relied upon by the High Court while dismissing the Writ Petition of the Appellant. In Gurdwara Sahib v. Gram Panchayat (supra), the apex court had held that declaratory decree based on the plea of adverse possession cannot be claimed and adverse possession can only be used as a shield in defence by the defendant.

However, a three Judge Bench of the Supreme Court expressly overruled the judgment of Gurdwara Sahib v. Gram Panchayat Village (supra) in Ravinder Kaur Grewal and Others v . Manjit Kaur and Others, (2019) 8 SCC 729 . The apex court in the above case held that once the 12-year period of adverse possession is over, even owner's right to eject the possessor is extinct and the possessory owner acquires right, title and interest possessed by the outgoing person/owner. In Ravinder Kaur Grewal and Others v . Manjit Kaur and Others (supra), the apex court stated as follows:

"62. ... In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well as a shield by the defendant within ken of Article 65 of the Act and any person who has perfected title by way of adverse possession, can file a suit for restoration of possession in case of dispossession."

As the Supreme Court by Three Judge Bench judgment in Ravinder Kaur Grewal and Others Vs. Manjit Kaur and Others (supra ) overruled the view taken in Gurdwara Sahib Vs. Gram Panchayat Village Sirthala and Another (supra) , the very basis of the High Court for holding that compromise decree dated 04th October 1985 requires registration is ruled out. The court further observed that there is no allegation that the decree dated 04th October 1985 is a collusive decree.

In view of the facts in the present case, the compromise decree dated 4th October 1985 was with regard to property, which was the subject matter of the suit, hence not covered by exclusionary clause of Section 17(2)(vi).

Accordingly, the Supreme Court held that the compromise decree did not require registration and the Learned Civil Judge as well as the High Court erred in holding otherwise. The order of the Civil Judge as well as the judgment of the High Court were set aside. While allowing the appeal, the compromise decree was directed to be exhibited by the trial court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Elections 2024: How the three ballot papers will work

W ith just two weeks to go to the big vote, the  Electoral Commission of South Africa (IEC)  has defended its decision to have three ballot papers in the 2024 election . When Mzansi takes to the poles on  Wednesday 29 May 29 , understanding the three ballot papers in the 2024 election will be crucial to a smooth democratic process, reports  IOL .

THREE BALLOT PAPERS IN THE 2024 ELECTION

Back in 2019, only Provincial Legislature and National Assembly votes were taken. However, in 2024, voters will receive three distinctly coloured ballots:

• In  blue , this is the national ballot for the National Assembly.
• In  pink , this is the provincial ballot for the Provincial Legislature.
• In  orange , this is the regional ballot for the National Assembly.

ELECTORAL COMMISSION CLARIFIES ITSELF

• The IEC says the National Assembly ballot (or National Compensatory ballot as titled above) is for the political party you’d like to see represented in the National Assembly. This ballot will be the same for the entire country and excludes independent candidates.
• The new ballot is the regional one. This is also for representation in the National Assembly, but includes independent candidates. Moreover, this ballot will be province specific and will fill regional seats in parliament.
• Finally, the pink provincial ballot allows voters to choose independent candidates/political parties for representation in the Provincial Legislatures. This ballot, too, is specific to each province.

SEATS IN THE NATIONAL ASSEMBLY

More specifically, the national ballot determines  200  of  400  seats in the National Assembly. The regional ballot determines the other 200 seats. But these are reserved for regions, and will be divided across the nine provinces based on population size.

A reminder that you don’t have to vote all the same across the three ballot papers in the 2024 election. Of course, you will be allowed to split your vote across the different ballots should you wish to do so for different parties/candidates.

The post Elections 2024: How the three ballot papers will work appeared first on SAPeople - Worldwide South African News .

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Yankees injuries: DJ LeMahieu nears rehab assignment, Gerrit Cole throws another bullpen

FILE - New York Yankees’ DJ LeMahieu bats against the Baltimore Orioles during the sixth inning of a baseball game July 29, 2023, in Baltimore. The Yankees delayed the start of LeMahieu’s minor league injury rehabilitation assignment after an MRI showed the fracture in his right foot has not fully healed. The 35-year-old, a two-time batting champion, has been sidelined since fouling a ball off the foot during a spring training game March 16. (AP Photo/Julio Cortez,, File)

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MINNEAPOLIS (AP) — Injured New York Yankees players DJ LeMahieu and Gerrit Cole are headed back to New York after spending time rehabbing at the team’s complex in Tampa, Florida, with LeMahieu likely to start a rehab assignment later this week.

LeMahieu took live at-bats and worked defensively before making the trip to New York while the Yankees begin a three-game series in Minnesota. Manager Aaron Boone said LeMahieu, who has been out all season after a non-displaced fracture of his right foot during spring training, would likely start a minor league rehab assignment on Thursday or Friday.

“Definitely want him to play games and get some volume under his belt,” Boone said pregame Monday, adding he was unsure of how many rehab games LeMahieu might play before being activated.

Meanwhile, Cole threw “30-some, 36 pitches or so” in his latest throwing session as he recovers from right elbow inflammation.

“Gerrit, everything went well,” Boone said. “Gerrit, just onward and upward.”

The Yankees also announced that outfielder Jasson Domínguez (Tommy John surgery recovery) and infielder Jorbit Vivas (left orbital fracture) are starting rehab assignments with Single-A Tampa. They faced former Yankee Domingo Germán, who made his first start with the Pirates’ Single-A affiliate Tuesday. Right-hander Tommy Kahnle (right shoulder inflammation) had his rehab assignment transferred to Double-A Somerset.

AP MLB: https://apnews.com/MLB