which was inadmissible in evidence could have been used for
any collateral purpose. In a suit for partition, an
unregistered document can be relied upon ... collateral
purpose i.e. severancy of title, nature of possession of
10
various shares but not for the primary purpose i.e. division
of joint
evidence in view of Section 49 of the Registration Act, except for collateral purpose of ascertaining the nature of possession of the defendant. In support ... registered in the matter prescribed could be read in evidence of any collateral transaction not required to be effected by registered instrument. Section
respondents
submitted that unregistered sale deeds cannot be marked for
collateral purpose. He further submitted that the respondents are
not placing reliance on the above ... that an unregistered document
can be received in evidence for collateral purpose. As seen from
the written statement, the respondents/defendants are intending
to place
unregistered
Relinquishment Deed dated 06.01.2001 can be received in evidence for
collateral purpose?"
4. POINT:
The contention of learned counsel for the petitioner ... unregistered Partition Deed and unregistered Relinquishment Deed can
be received for collateral purpose. None of the respondents appeared
in person and their counsel
acting upon
insufficiently stamped document for any purpose. Any purpose
would include collateral purpose. Even if both parties gave
consent for marking insufficiently stamped document ... document affecting immovable property) contains an arbitration
agreement, it is a collateral term relating to resolution of
disputes, unrelated to the transfer or transaction affecting
pressed
and claimed. The document can be seen only for
collateral purposes. In the instant case, on the
basis of the said document, the Appellants ... learned Counsel for the
appellant that the document was admissible for
collateral purpose, in our opinion, is not correct.
In Bondar Singh -Vrs.- Nihal Singh
acting upon
insufficiently stamped document for any purpose. Any purpose
would include collateral purpose. Even if both parties gave
consent for marking insufficiently stamped document ... document affecting immovable property) contains an arbitration
agreement, it is a collateral term relating to resolution of
disputes, unrelated to the transfer or transaction affecting
evidence.
The question next is whether it can be used
for collateral purpose.
Section 49 of the Registration Act, 1908
envisages:
"49. Effect ... Specific Relief Act,
1877 (3 of 1877) or as evidence of
any collateral transaction not required
to be effected by registered
instrument.
Presently, the instrument
compulsorily
registerable, still, the Court can consider the said
document for collateral purpose. As such, the court
below has committed an error in not decreeing ... Specific Relief Act, 1877, or as
evidence of any collateral transaction not required
to be effected by registered instrument."
The proviso to Section
which was inadmissible in evidence could have been used for
any collateral purpose. In a suit for partition, an
unregistered document can be relied upon ... collateral
purpose i.e. severancy of title, nature of possession of
various shares but not for the primary purpose i.e. division
of joint properties
