The Tripura High Court in the case of Sri Rashamoy Ghosh vs Smt. Swapna Ghosh (RSA 6 of 2019) unregistered Sale Deed cannot be received in evidence as a document of title.
Facts of the case : One late Nibashi Rani Ghosh was the original owner of the suit land. She had only one son, namely, Ajit Ghosh. Both of them died. After their death, the respondents no. 1 and 2 i.e. the plaintiffs have become the owner of the suit land by way of inheritance. Respondents no. 1 and 2 are the daughter-in- law and grandson of Nibashi being the wife and son of late Ajit Ghosh, respectively. According to the respondents no. 1 and 2, the appellants had entered into the suit land illegally and started to forcibly possess the suit land since 22nd October, 2006, which they came to know through their relative. They requested the appellants to hand over the possession of the land, but the appellants had refused. Hence, the cause of action for filing the present suit arose.
It is the case of the defendants that Nibashi had transferred the suit land in favor of the defendants by way of an unregistered Sale Deed and permitted them to possess the same.
Judgment : The court held that unregistered Sale Deed cannot be received in evidence to prove the sale transaction in view of section 54 of the Transfer of Property Act, 1882, and Section 17 (1)(b) and 49(c) of the Registration Act, 1908. The defendants had not acquired any title by dint of the said Sale Deed. It may be a document which can be used for collateral purpose establishing the plea that they have been possessing the suit land since the date of such execution of the unregistered Sale Deed, but, it did not confer title upon the defendants. In this situation, when the plaintiffs have been able to prove their right, title and interest over the suit property, which they have acquired by way of inheritance, they have the right to evict the defendants in accordance with law and for that purpose they have instituted the present suit.
Unregistered Sale Deed cannot be received in evidence as a document of title, it only implies that the defendants have been possessing the suit land on mere permission of late Nibashi Rani Ghosh. They cannot claim title over the suit land on the basis of that unregistered Sale Deed.
The plaintiffs are entitled to recover the suit land from the possession of defendants no. 1 and 2 and declaring the right, title and interest of the plaintiffs over the suit land.
JUDGMENT REVIEWED BY : SHUBHANGI CHAUDHARY