2001 AIR - Jhar. H. C. R. 47 ::2001 A I H C 1951 ::2001 BLJR 2 1070

Jharkhand High Court

Hon'ble Judge(s): M.y. Eqbal , J

(A) Registration Act (16 of 1908) , S.17— Document requiring registration - 'Hukumnama' - It is a document by which raiyati settlement is made by the landlord in favour of raiyat - Such document requires registration - Unregistered Hukumnama is inadmissible in evidence. Hukumnama is a document by which raiyati settlement is made by the landlord in favour of raiyat and such document also requires registration. An unregistered Hukumnama is inadmissible in evidence but if a person claims to have obtained raiyati interest by virtue of unregistered Hukumnama and further asserts that he came into actual possession of the land and continued in such possession and that his payment of rent has been accepted by the landlord, then his title to raiyati interest may be recognisede. On the other hand, a deed of exchange is altogether a different transaction by which two persons mutually transfer ownership of one thing for the ownership of another. Such transaction must be made only by a registered document as required in case of transfer of property by sale. (Para 12) (B) Registration Act (16 of 1908) , S.17— Document requiring registration - Deed of exchange - Is a transaction by which two persons mutually transfer ownership of one thing for the ownership of ano....