Supreme Court · 2008 INSC 1465 · Decided 17 December 2008
Avinash Kumar Chauhan v. Vijay Krishna Mishra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1465 · [2008] 17 S.C.R. 944
- Case number
- CIVIL APPEAL No. 7350/2008
- Decided
- 17 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Registration Act Section 49; Land Revenue Code; Stamp Act Section 33, 35
Headnote
Stamp Act, 1899 - ss. 33 and 35 and Article 23 of Schedule 1A (as substituted by M.P. Act No. 19 of 1989) -- C Execution of sale deed - Execution whereof statutorily barred - Suit by the vendee for recovery of consideration amount - Reliance on the conveyance deed which was not registered - - Held: Provision of ss. 33 and 35 are applicable, even if the : unregistered document sought to be admitted in evidence is D for collateral purpose - The purpose for which reliance is placed on the document is not relevant for applicability of the provisions - s. 35 rules out applicability of s.
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