ASGAR ALI Vs. TAHIR ALI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 17/11/2012, whereby the application of the defendant preferred under Section 17 of the Registration Act is allowed by the Court below.

(2.) Petitioner/plaintiff instituted a suit for eviction. During pendency of the suit, the respondents/defendants preferred an application before the trial Court stating that the gift deed in question dated 01/04/1970 is inadmissible in evidence for want of its registration under Section 17 of the Registration Act.

(3.) In turn, petitioner/plaintiff submitted a reply to the defendant's application denying the averments and pleaded that the gift of immovable property under the Muslim Law requires no registration.