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3. Learned Counsel for the petitioners/plaintiffs contends that sale deeds dated 17.9.1953 and 24.4.1971 though un-registered can be admitted in evidence for collateral purpose as provided under proviso to Section 49 of Registration Act. He placed reliance on the following decisions of our High Court in support of his contentions: PSG Industrial Institute v. R. Randhir Singh, , S.R. Taramma v. D. Narasaiah, 1977 ALT 107 and Ummadi Subramanyam v. Ukka Dhanamma and Anr., . In the PSG Industrial Institute case (supra) decision our High Court held that going by the plain terms of the language used in proviso to Section 49, it is clear that the unregistered document can be received as evidence only to substantiate the plea of part-performance of a contract whether it can be a contract of sale or lease or mortgage. The document can be looked into only insofar as it serves as evidence of the part performance of a contract. So also, it can be received as evidence of collateral transaction not required to be effected by registered instrument. If the transaction is such that it requires to be registered in order to give effect to the same, the document cannot be relied upon to prove the transaction as such. In the S.R. Taramma case (supra) decision our High Court held that unregistered sale deed can be admitted in evidence for the purpose of proving possession in a suit for perpetual injunction restraining the defendant from interfering with the possession of the plaintiff. In the Ummadi Subramanyam case (supra) decision our High Court held that unregistered sale deed can be received in evidence in a suit filed for specific performance provided it is impounded by the Court or the Collector under Section 33 of the Stamp Act.

The last clause of the proviso expressly enacts that the unregistered document may be admitted as evidence of any collateral transaction not required to be affected by registered instrument. I may make myself clear that the petitioners have not sought for declaration of their right and title over the suit property basing on the unregistered sale deeds. The relief sought for by them in the suit is injunction simplicitor. They want to mark the unregistered sale deeds for collateral purpose i.e., to prove their possession over the land. At this juncture, I may refer the decisions of our own High Court on the admissibility of unregistered documents for collateral purpose. The collateral purpose is i.e., to say for any purpose other than that of creating, declaring, assigning limit, or extinguishing a right to immovable property. The expression "collateral purpose" is no doubt a very vague one and the Court must decide in each case whether the purpose for which it is sought to use the unregistered document is really a collateral one or is to establish directly title to the immovable property sought to be conveyed by the document. But by the simple devise of calling it a "collateral purpose", a party cannot use the unregistered document in any legal proceedings to bring about indirectly the effect of which it would have had if reregistered. The expression "collateral transaction" in the proviso to Section 49 of Registration Act is not to be used in the sense of an ancillary or a subsidiary transaction to a main or principal transaction. The transaction as recorded could be a particular or specific transaction, but it would be possible to read in that transaction what may be called the purpose of transaction and what may be called a collateral purpose, the fulfilment of that collateral purpose would bring into existence a collateral transaction, a transaction which may be said to be a part and parcel of a transaction but nonetheless a transaction which runs together with or on parallel lines with the same.

6. In Dadireddi Ramireddi v. Chinnamma, 1958 ALT 561, it has been held by our High Court that where the plaintiff does not claim title to the properties comprised by deed of adoption, an unregistered document, but relies upon it only to prove that he is the nearest reversioner, it is admissible for proving the collateral fact of adoption. In Balkishtiah v. Ranga Reddy, 1960 ALT 62, a Division Bench of our High Court held that a document which is unregistered is admissible for collateral purposes as also for proving any admission contained therein. The plaintiff therein placed reliance on unregistered lease deed to prove the fact thai Ahmed Sherif was his kauldar. The defendant therein raised objection with regard to the admissibility of the unregistered lease deed. I feel it apposite to extract the observation of the Division Bench and it is thus:

"...The plaintiff-appellant in order to prove that Ahmed Sherif was his kauldar, apart from the oral evidence, relies on two lease deeds, Exhibits 2 and 20. Exhibit 2 is a kaulnama executed by Ahmed Sherif on 4th Dai, 1350-F for a period of 5 years. Exhibit 20 is another kaul dated 26th Khurdad, 1336-F by Sherif Sab, son of lsmail Sab. It may be noted here that Ahmed Sherif is the son of Ismail Sab and Khaja Sherif and Maqdoom Sherif are the sons of Ahmed Sheriff Yousuf Ali, P.W.2 and Khaja Mia, P.W.5 have spoken to the fact of these kabuliats. The contention of the learned Counsel for the appellant is that though these kabuliats are unregistered, still they are admissible to prove the nature of possession and also the admission by Ahmed Sheriff that the plaintiff is the owner, whereas the contention of the other side is that these kabuliats being unregistered are inadmissible in evidence and they cannot be relied upon even to prove the nature of possession or admission. In this connection, the learned Counsel placed his reliance on Kanuparti Subbiah v. Kurnam Muddulatiah and Ors., (1907) 17 MLJ 469. We do not find sufficient force in the contention of the learned Counsel for the respondent. There is sufficient authority for the proposition that a document which is unregistered is admissible for collateral purposes. In the instant case, the appellant relies on this document for the purpose of proving the admission of Ahmed Sherif contained therein. There is also sufficient authority for the proposition that an unregistered document can be admitted in evidence for the purpose of proving the admission contained therein."