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Shakeel Ahmed vs. Syed Akhlaq Hussain (SC)

48.00 4.80

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Possession & Mesne Profit–Suit for–Decreed–Justification–Even if the agreement to sell and the power of attorney were registered, still it could not be said that the respondent would have acquired title over the property in question–On the basis of registered agreement to sell, he could have claimed the relief of specific performance in appropriate proceedings–Registration of document would not over-ride the statutory provision so as to confer the title on the basis of unregistered documents with respect to immovable property–Held, respondent was not entitled to maintain the suit on the basis of these documents–If he wanted to evict the appellant treating him to be a licencee, he could have maintained a suit on behalf of the true owner or the land-lord under specific instructions of power of attorney–Impugned judgment is liable to be set aside.