Registration Act that the lease document can be used for
collateral purposes ?
::: Downloaded on - 22/06/2014 ... hold that the unregistered lease document can be used
for collateral purpose and whether it is justified to reverse the
Judgment and Order passed
case, even though not
admissible in evidence, can be looked into for collateral purposes. In the
present case the collateral purpose to be seen ... reason as to
why the document would be admissible for collateral purposes.
Distinguishing the ratio of Bondar Singh 's case (supra
Counsel for the
plaintiff submits that, the document was relied upon for collateral
purpose. He relies upon Section 49 of the Registration ... Exhibit 'H' can be used as an evidence of any collateral
transaction not required to be affected by the registered instrument.
He submits
petitioner says that the agreement can be
admitted in evidence for collateral purposes, even if it
is unregistered and under-stamped in view ... instrument, which is not duly stamped, can
be admitted in evidence for collateral purposes; rather
it clearly stipulates that the instrument chargeable
with duty shall
registered, an unregistered lease deed can
be marked and relied on for collateral purpose. The learned counsel referred
the order dated 08.07.2002 made ... learned Rent Controller held that the nature of
petition property is only collateral issue and allowed marking of
unregistered lease deed and permitted the petitioner
plaintiff is the owner of the immovable properties which are given as collateral security for the loan availed by the plaintiffs ... stands in the name of the fourth plaintiff, which was offered as collateral security for the loan obtained by the plaintiffs 1 to 3 towards
sale deed is
unregistered, the same can be marked to prove the collateral purpose; that
no prejudice would be caused to the defendants ... deed, even though not admissible in evidence, can be looked into for
collateral purposes.
12.The learned counsel for the revision petitioner has relied
petitioner had addressed
letter dated 30.11.2010 to the Bank to release the collateral
security, i.e. the fixed deposits which were offered in security ... that "we further like to inform you that
personal guarantee and collateral security offered by director
of MSK Projects (India
that the Company has informed the Bank that the personal
guarantee and collateral security offered by the Company should
not be released until it received ... Annexure "E" hereto) informing the Bank to release the collateral
securities and personal guarantee within 7 days from the date of
receipt
possession of the defendant over the suit
schedule property, that being a collateral purpose the document is
admissible in evidence.
The learned counsel ... Specific Relief Act, 1877
(3 of 1877), or as evidence of any collateral transaction not
required to be effected by registered instrument.
While the main
