10. Learned Senior Advocate for the applicant has further argued that
Ex.P/24, P/25 and P/26 are not admissible in evidence as these documents
pertain to transaction of the immovable property and these documents were
compulsorily registrable under Section 17(b)(c) of the Registration Act
including M.P. State Amendment, 2010 and could not be used for collateral
purpose also. He has further submitted that the documents are not properly
stamped as required under Stamp Act. He has relied on the judgment of K.B.
Saha and sons Private Limited Vs. Development Consultant Ltd., (2008) 5
CTC 260 particularly para No.34 of the judgment, the judgment of the this
Court in the case of Omprakash Vs. Ganesh Shankar Mehta passed on
01.08.2019 and Bajaj Auto Limited Vs. Behari Lal Kohli AIR 1989 SC 1806
in these cases it has been clearly held that if the document is inadmissible for
non-registration, all its terms are inadmissible including the one dealing with
landlord's permission to his tenant to sub-let.
Learned counsel for the appellant has placed reliance on order dated 01/08/2019 passed
by a coordinate Bench in W.P No. 5914/2012 (Omprakash Vs. Ganesh Shankar Mehta) to
submit that even if a document is unregistered it can be used for collateral purpose. However facts
of the present case are different. Issue which emerges for consideration before this Court is
whether the plaintiff can maintain a suit for permanent injunction on the basis of unregistered
agreement.