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Supreme Court Of India

Hon'ble Judge(s): K. Ramaswamy, B. L. Hansaria , JJ

(A) Registration Act (16 of 1908) , S.17(2)(vi)— Compulsory registration of instruments - Compromise decree - Compulsorily registrable if it creates new rights. Civil P.C. (5 of 1908) , O.23 R.3— @page-SC197 Sub-section (2) of Section 17 of the Act engrafts exceptions to the instruments covered only by clauses(b) and (c) of sub-section (1). Clause (vi) relates to any decree or order of a Court, except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding. Sub-section (1) of Section 17 mandates that the instrument enumerated in Clauses (a) to (e) shall be registered compulsorily if the property to which they relate is immovable property value of which is Rs. 100/- or upwards. The exception engrafted in Clause (vi) of Section 17 (2) is meant to cover that decree or order of a Court, including a decree or order expressed to be made on a compromise, which declares the pre-existing right and does not by itself create new right, title or interest in praesenti in immovable property of the value of Rs. 100/- or upwards. Any other view would find that mischief of avoidance of registration, which requires payment of stamp duty, embedded in the decree or order. The Court should therefore examine in each case whether the parties have preexi....