VidhiSangh

Supreme Court of India · 05/02/2020

MOHAMMADE YUSUF & ORS. versus RAJKUMAR & ORS.

[2020] 3 S.C.R. 649 · 2020 INSC 133

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Summary

The Supreme Court held that a compromise decree concerning the very property forming the subject of the earlier suit did not require registration and could be exhibited. The High Court’s reliance on the proposition that adverse possession could only be a defence was unsustainable after that proposition had been overruled. No collusion was alleged, and the precedent concerning a collusive decree creating a new title was distinguishable.

Issues

  1. Whether the earlier compromise decree concerning the suit property required registration before being admitted in evidence.

Provisions considered

Held

Result

Appeal allowed. Trial court order and High Court judgment set aside; the trial court directed to exhibit the compromise decree dated 4 October 1985.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 649.