ILR 2015 KAR 2335
Smt. Krishnakumari vs. Sri K. Suresh Kumar *
REGISTRATION ACT, 1908 – SECTION 17(1A) – Possession of immovable property under the agreement to be compulsorily registrable – HELD, By virtue of amendment to Section 17 of the Registration Act, 1908, whereby sub-Section (1A) has been incorporated, which would require any such agreement whereby possession has been delivered of the immovable property, would have to be compulsorily registered. FURTHER HELD, The plaintiff claiming possession of the suit property under such a document which was compulsorily registerable, could not be admitted in evidence nor could be looked into for purposes of deciding the case and having regard to the added embargo that any document required by Section 17 to be registered if and non-registration of the same would not affect the immovable property comprised therein. In other words, any such documents cannot be set up to claim a right in immovable property.