Legal provisions involved: Sections 91 and 92 of the Indian Evidence Act, 1872.

Judgement by: Supreme Court of India

Judge/Bench: Justice Rajesh Bindal and Justice Manmohan.

Facts

The case related to a registered sale deed executed in 1971. One party later claimed that the document was not a real sale but a mortgage shown as a sale on paper. The trial court accepted this claim, but the appellate court disagreed. The dispute reached the Supreme Court after many years of litigation.

Key legal provisions

Sections 91 and 92 of the Indian Evidence Act, 1872

 Section 58(c) of the Transfer of Property Act, 1882

Issues raised

Can a registered sale deed be treated as a fake or sham transaction without clear pleadings and solid proof?

Arguments of the case

The respondent argued that the sale deed did not reflect the true nature of the transaction. The appellant argued that a registered document carries legal validity and cannot be questioned casually after decades.

Judgement

The Supreme Court allowed the appeal and upheld the registered sale deed. It held that registered documents are presumed to be genuine and cannot be challenged based on vague oral claims. The court also advised the Centre and State Governments to digitise land records using secure technology like Blockchain to prevent tampering, forgery, and repeated property disputes.

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