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Satish Chand Makhan And Others vs Govardhan Das Byas And Others on 27 October, 1998

In the matter of Satish Chand Makhan and Ors. Vs Goverdhan Dass Byas, AIR 1984 (SC) 143, it was held in para 6 that the unregistered draft lease agreement Ex.B2 was admissible under the proviso to Section 49 of the Registration Act, 1908 only for a collateral purpose for showing the nature and character of possession of defendants. Therefore, Ex.PW1/21 although is an unregistered document, can be looked into for collateral purpose i.e.for showing the nature and character of possession of defendant. Therefore,if Ex.PW1/21 is used for collateral purpose then it establishes that the character and nature of possession of defendant was in the capacity of a tenant of the plaintiff. The judgment relied upon by the counsel for defendant is not applicable as in the said judgment, no reference has been made to proviso to Section 49 of the Registration Act, 1908. Accordingly, this contention of counsel for defendant is also rejected.
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