proviso. The unregistered
document can be used as evidence of any collateral
transaction. This is however subject to the condition that
the said collateral transaction ... question as to what would constitute a collateral
transaction. If it were collateral transaction, then an
unregistered document can indeed be used as evidence
otherwise be excluded, to be
used as evidence of "any collateral transaction not required to be effected by a
registered instrument". In Varatha ... instrument. A collateral
transaction is not the transaction affecting the immovable property, but a
transaction which is incidentally connected with that transaction. The question
evidence of
collateral purpose as provided in the proviso to Section 49 of the Registration Act.
3 . A collateral transaction must be independent ... collateral transaction must be a transaction not itself required to be
effected by a registered document, that is, a transaction creating, etc. any right, title
evidence of collateral purpose as provided in the proviso to Section 49 of the Registration Act.
3. A collateral transaction must be independent ... collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. any right, title
lessee is lawful possession or as evidence of
some collateral transaction. Even if an arbitrator is appointed, he
cannot rely upon or enforce any term ... suit for Specific Performance or as evidence
of any collateral transaction not required to be effected by
registered instrument. Thus, it is evident that
evidence of collateral purpose as provided in the
proviso to Section 49 of the Registration Act.
7
3. A collateral transaction must be independent ... collateral transaction must be a transaction not
itself required to be effected by a registered document,
that is, a transaction creating, etc. any right, title
evidence of any
collateral transaction not required to be
effected by registered instrument."
15. Section 49 of the Act of 1908 prohibits receiving ... instrument. A collateral
transaction is not the transaction affecting the
immovable property, but a transaction which is
incidentally connected with that transaction.
The question
admitted into
evidence for a collateral fact/collateral purpose, let
us now look at the meaning of "collateral purpose"
and then ascertain whether ... would not be
using it as a collateral purpose.
11 According to the above judgment, a
collateral transaction must be a transaction not itself
required
evidence of collateral purpose as
provided in the proviso to Section 49 of the
Registration Act.
3. A collateral transaction must be
independent ... collateral transaction must be a
transaction not itself required to be effected by a
registered document, that is, a transaction
creating, etc. any right, title
collateral' transaction to a
principal transaction or a subsidiary transaction to
a main transaction. The root meaning of the word
'collateral ... what may
be called a collateral purpose, the fulfilment of that
collateral purpose would bring into existence a
collateral transaction, a transaction which
