same.
However, the court below permitted the said document to mark for
collateral purpose but not to prove any right or title over the
property ... unregistered document and as such it cannot be
received even for collateral purpose. There is no such transaction
between the petitioner and the first respondent
examination of P.W.1. and Ex.A.5 was marked for collateral purpose.
Further the trial Court recorded that the petitioner can very well ... India held that an unregistered agreement of sale
can be seen for collateral purpose under the proviso to Section 49 of the
Registration
that falls for consideration
is whether these can be used for any collateral purpose. The
larger Bench of Andhra Pradesh High Court in Chinnappa
Reddy ... suit for
partition, an unregistered document can be relied upon for
collateral purpose i.e. severancy of title, nature of
possession of various shares
that falls for consideration
is whether these can be used for any collateral purpose. The
larger Bench of Andhra Pradesh High Court in Chinnappa
Reddy ... suit for
partition, an unregistered document can be relied upon for
collateral purpose i.e. severancy of title, nature of
possession of various shares
agreement is to execute the sale deed and there is no
collateral transaction. In view of the Section 17(1- A) of the Registration ... itself carves out two exceptions:
Where it can be used for any collateral purposes and
where it can be used as an evidence
contract in a suit for specific performance or as evidence of any
collateral transaction not required to be effected by registered document.
Therefore ... possession Muchalika is a document that does not
prove any collateral purpose to come within the domain of the proviso of
Section
necessary Stamp Duty and penalty and the same can be used for
collateral purpose. Further observed that mere marking of the document
will not make ... Section 35 -
Unstamped unregistered Sale Deed - Whether
admissible in evidence for collateral purpose in Suit for
declaration of title - Plaintiff claimed adverse
possession and marked
Balamurugam and it can be received as a
evidence for collateral purpose. In fact, the trial Court allowed the petition
on condition that ... clear that the
trial Court misdirected itself by construing that by
establishing collateral purpose, the defendants would be
able to succeed in the litigation initiated
admitted as an evidence as the same can be
looked into for collateral purpose. At the same time the
admissibility of the unregistered document ... whether the document is registered or unregistered document is
also admissible for collateral purpose."
The above judgment is squarely applicable to the case
case, even though not admissible in evidence,
can be looked into for collateral purposes. In the
present case the collateral purpose to be seen ... deed even though not
admissible in evidence can be looked into for collateral purpose. The
collateral purpose to be seen is the nature of possession
