VidhiSangh

Supreme Court of India · 04/07/2018

AMEER MINHAJ versus DIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.

[2018] 5 S.C.R. 173 · 2018 INSC 578

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored permission to exhibit documents in a specific-performance suit, reserving their genuineness, validity, binding effect and stamp-law objections for trial. The unregistered 2003 sale agreement could be received only as evidence of the contract under the Registration Act’s proviso, with no effect for possession protection under section 53A of the Transfer of Property Act.

Issues

  1. Whether unregistered sale agreements and a registered power of attorney could be received in evidence, and what questions remained for trial.

Provisions considered

Held

Result

Appeal allowed; trial order dated 1 June 2016 restored with the specified limits. All other document objections reserved for trial. Suit to be disposed of expeditiously, preferably within six months of receipt. No costs.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 173.