Bathula Venkateswara Reddy vs Bathula Yalamanda Reddy on 4 September, 2023
6. The learned Counsel for the respondents relied upon the
Order passed by the Hon'ble High Court of Andhra Pradesh, in
the case of Moghal Sardar Hussain Baig Vs. Syed Farveej
Begum, 1 in which it was held that unregistered draft lease
agreement was ineffectual to create a valid lease for want of
registration as required under Section 17(1)(d) of the Registration
Act, but it was admissible under the proviso to Section 49 of the
Registration Act only for a collateral purpose of showing the
nature and character of possession of the defendants. The
proviso to Section 49 of the Registration Act, which is relevant
for the present purpose, carved out an exception to the rule
contained in the main provision as regards the effect of an
unregistered document requiring registration and receiving of
such document as evidence of any transaction. The proviso
1
AIR 2017 Hyd 146
4
permits such document to be received as evidence under two
contingencies, namely (1) as a piece of evidence of a contract in
a suit for specific performance in Chapter II of the Specific Relief
Act, 1877 and (2) as evidence of any collateral transaction not
required to be effected by registered document.