SC: Unregistered Original Sale Agreement Bars Title Despite Subsequent Registered Deed

SC: Unregistered Original Sale Agreement Bars Title Despite Subsequent Registered Deed

The present case under appeal involves a land dispute of 53 acres of land which was located in Survey No. 83/2 (Raidurg Panmaktha village), Ranga reddy District, Telangana. The initial land had an area of 526.07 acres and it was owned by 11 individuals and it was subjected to Andhra Pradesh Land Reforms Act, 1976. In this regard, land of 99.07 acres became the property of State, and 424.13 acres went to APIIC (presently TSIIC). There was a 1982 sale transaction between the owners and Bhavana Cooperative Housing Society, which was later on in the year 2006 validated by an Assistant Registrar, and in the year 2015, the government declared as a fraud. The Supreme Court has fixed that unregistered agreements are not capable of vesting good title to immovable property in accordance with Suraj Lamp case and that physical possession should be established by sound evidence. The Court also observed any suspicious inconsistencies between the sale agreements and decided that the jurisdiction of writ of possession is not exercisable in suspect title and uncertain possession. It reversed the decision of the Single Judge declining the petition, deciding that petitioners could not prove good title or possession.