Bench alike, arises in
this case. The question is whether the unregistered sale deed dated 23.01.1976
sought to be produced by the plaintiff in evidence ... respondent.
During the trial, the petitioner sought to produce the above-mentioned
unregistered sale deed dated 23.01.1976 stated to have been executed by
Balasubrahmanyam Pillai
factum of partition was reduced to writing by Ex.B1-unregistered partition deed dated 26.5.1993.
3. Case of Respondent-Plaintiff is that during ... Defendant manoeuvred to divide the properties by bringing about Ex.B1-unregistered partition deed and obtained Respondent-Plaintiff's signature
before us. The
questions that require to be answered are whether an unregistered
agreement to sell, accompanied by delivery of possession or
executed in favour ... basis of
R.S.A.No.4946 of 2011 -2-
such an unregistered agreement to sell.
A relevant extract from the reference order reads
filed by the plaintiffs on
the basis of an unregistered agreement for sale in the court of Civil
Judge, Senior Division, seeking relief of specific ... Hereinafter called as
the said "Act"). The impugned agreement being unregistered, it was
presented for the registration to the Joint Sub-Registrar
defendant appears to have created false documents purporting to be an unregistered sale agreement and a power of attorney deed, in the name ... assignment deed can be received in evidence in spite of being unregistered for the reason that explanation to Section 49 of the Registration Act which
have acted upon the said document which was both unstamped and
unregistered had to be examined in the present proceedings. Reliance was
placed ... where it was held that an unregistered Agreement
to Sell did not give a right to seek a decree for specific performance or
possession. Reference
such right or relationship,
unless it has been registered:
Provided that an unregistered document affecting immovable property and required by this Act or the Transfer ... registered instrument."
25. The first question would be, whether an unregistered document, in view of specific provisions contained in relevant statutes as applicable
State Governments cannot grant exemption in respect of sales of goods to
unregistered dealers even if it is necessary in public interest ... registered dealers or the Government but also in respect of
sales to unregistered dealers or any person or class of persons. Alternatively,
it is contended
agreement dated 15.1.2000. The
agreement is an unregistered agreement. The lease is for a term of
five years. There is a renewal clause ... admissible in evidence as the agreement
was unregistered. It was also held that Ext.A1 cannot be used for
the purpose of proving
alleged agreement to sell dated 18th of May, 2005 is admittedly an unregistered document and as such no decree for specific performance of contract ... agreement to sell dated 18th of May, 2005 is admittedly an unregistered document, the plaintiff is entitled to get it enforced specifically through suit
