Court emphasizes the necessity of valid documentation for transfer of immovable property under Section 138 of J&K Transfer of Property Act, 1882
In a significant judgment, the Jammu and Kashmir High Court has reinstated the decision of the Trial Court in the case of Mst Khati v. Abdul Rashid Salroo, emphasizing the critical importance of valid legal documentation for the transfer of immovable property. The case revolved around a suit for permanent prohibitory injunction concerning a disputed land parcel measuring 10 Marlas in Jablipora, Bijbehara.
The High Court, under the bench of Mr. Vinod Chatterji Koul, overturned the 1st Appellate Court's decision that had previously dismissed Mst Khati's suit. The Appellate Court had erroneously acknowledged Abdul Rashid Salroo's possession of the land without requiring the necessary legal documents to substantiate his claim.
The crux of the judgment rested on the application of Section 138 of the J&K Transfer of Property Act, 1882, which mandates that any transfer of immovable property must be in writing and duly registered. The High Court observed that Abdul Rashid Salroo failed to produce any such documentation, thereby nullifying his claim to ownership or possession of the disputed land.
The High Court further criticized the 1st Appellate Court for its oversight and failure to thoroughly examine the Trial Court's records and the applicable legal provisions. It reaffirmed that the absence of a registered instrument invalidates any claims of transfer or possession, rendering Salroo's claim unsustainable.
This judgment highlights the judiciary's strict adherence to legal statutes regarding property transfers and underscores the necessity for parties to furnish valid documentation in disputes concerning immovable property. The decision not only reinstates Mst Khati's rights over the land but also reinforces the legal principle that possession without rightful ownership constitutes trespass and illegal interference.
Bottom Line:
In a suit for permanent prohibitory injunction concerning immovable property, the plaintiff must prove ownership and possession. A defendant claiming possession must substantiate the claim with valid legal documents, and any transfer of immovable property must be in writing and duly registered as per Section 138 of the J&K Transfer of Property Act.
Statutory provision(s): J&K Transfer of Property Act, 1882 Section 138, Civil Procedure Code, Appellate Jurisdiction
Mst Khati v. Abdul Rashid Salroo, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2816941
