Section 17 of the Indian Registration Act provides that if some tangible immovable property worth less than Rs. 100.00 (Rupees One Hundred only) is sold and delivery of possession is also effected, then, such sale, on delivery of possession, would be complete. The law provides that if any tangible immovable property worth Rs. 100.00 (Rupees One Hundred only) or more is sought to be transferred or alienated, then, such transfer is required on proper stamp and is required to be registered also. Consequence of non-registration is shown under Section 49 of the Indian Registration Act. Section 49 clearly provides that in a case where document, which under the law, was required to be registered, if is not registered, then, the same would not be admitted in evidence, except for collateral purpose. If a document is not admissible in evidence and cannot be relied upon, nor does convey title in the law, then, on the basis of such document, an entry could not be made in the revenue record. In the revenue record, entry can be made only if some legal document conveys title in favour of the purchaser or, person aspiring for entry in his favour has obtained right under some revenue laws. In the present case, on the basis of an unregistered sale, which admittedly was oral one, an entry in favour of the defendant could not be made. {Para 7}
8. Civil Court ordinarily would not interfere in the matters where Courts of limited jurisdiction or exclusive jurisdiction have exercised their authority. A Civil Court would interfere in a matter, if it is held by the Court that provisions of law have been violated to their hilt, the authority/officer had no jurisdiction to do something or principles of natural justice have been violated. The moment the Court comes to the conclusion that act or action of an authority is bad and runs contrary to law, then, the Civil Court shall immediately assume the jurisdiction and correct the wrong committed by the authorities. The Courts below, in the considered opinion of this Court were unjustified in holding that the Civil Court had no jurisdiction in the matter. The concept of jurisdiction is not based upon the plain reading of provisions of law, because, it is trite to say that a Civil Court is always jealous of a provision which ousts its jurisdiction. A Civil Court has to be too cautious and careful in understanding and appreciating the provisions which say that the Civil Court has no jurisdiction. All the conditions to denude the Civil Court of its powers must be complied with. Moment a Civil Court holds that any other Court of exclusive jurisdiction has violated the provisions of law or has not observed the law or has violated the principles of natural justice, then it is bound to exercise its jurisdiction.
9. In the opinion of this Court, entry made in favour of the respondents could not be made by any person whatsoever authority he had. The entry was patently without jurisdiction, it deserves to and is accordingly set aside.
IN THE HIGH COURT OF GUJARAT
Second Appeal No. 28 of 1990
Decided On: 16.03.2007
Radhiben and Ors. Vs. Surtan Vesta Damor and Ors.
Hon'ble Judges/Coram:
R.S. Garg, J.
Citation: 2007 AIR (Gujarat) 147, MANU/GJ/7080/2007.
Print Page
