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has been omitted.

The result of this amendment is that, prior to 1.1.77, an unregistered document affecting immovable property could be enforced in a suit for specific performance of a contract, but after the amendment of Section 49 of the Registration Act w.e.f. 1.1.77, an unregistered document could not be enforced in a suit for specific performance of a contract.

The facts of the above judgment are distinguishable from the facts of the present case. In the State of Andhra Pradesh Section 17 (1) (g) of Registration Act was added by A.P. Act 4 of 1999 making agreement of sale is compulsorily registerable document, but Section 49 of Registration Act was not appropriately amended like Uttar Pradesh State amendment referred supra, but in section 49 of the Registration Act, in the proviso, the words, figures and letter or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882 (4 of 1882 .)," are omitted by the Registration and other Related Laws (Amendment) Act, 2001 Act No.48 OF 2001 [24th September, 2001]. Thus, the proviso permitting to receive unregistered agreement of sale as evidence of contract in a suit for specific performance under chapter II of Specific Relief Act remained intact in the State of Andhra Pradesh. If the similar amendment like Utter Pradesh State amendment to Section 49 of Registration Act by way of State Amendment, unregistered agreement of sale cannot be taken as evidence of contract in a suit for specific performance the principle laid down by Allahabad High Court can be applied. But obviously for different reasons, the proviso to Section 49 of Registration Act was not suitably amended even after amending the Section 17 by A.P. Act 4 of 1999. Consequently, the principle laid down in the above judgment of Allahabad High Court cannot be applied.

But, in the judgment of Allahabad High Court, Allahabad High Court held that a suit for specific performance is not maintainable. The basis for coming to such conclusion is, the state amendment to Section 49 of Registration Act by U.P.Act 57 of 1976 with effect from 01.01.1977 and by this Act, the words as evidence of contract in a suit for specific performance under Chapter II of Specific Relief Act, 1877 were omitted. But, the Central Amendment Act 48/2001 w.e.f 24.09.2001 remained undisturbed, except deleting the words in a suit based on as part performance.