present
appeal. The suit is laid for specific performance of an unregistered agreement
of sale dated 14.6.2015, and as per the plaint the total consideration ... written statement the execution of the unregistered sale
http://www.judis.nic.in
2
agreement is not disputed, but its non performance is sought
application
filed by the petitioner/1st defendant seeking to reject the
unregistered agreement of sale, which was sought to be marked by
the first respondent ... specific
performance and for a relief of permanent injunction based on an
unregistered agreement of sale dated 07.05.2006. As per the case
of the plaintiff
been held that a document required to be
registered, if unregistered, can be admissible in evidence in a suit for
specific performance for collateral purposes ... exhibit. Further more Section 49 of Registration Act, 1908 provides
that an unregistered document cannot be taken into consideration even
for collateral purpose
sending the same to Collector (Stamps). Since the mortgage deed is
unregistered document, therefore, it is not admissible in evidence. It
is submitted ... counsel for the petitioner that it is true that an
unregistered mortgage deed is not admissible in evidence but the
same can be read
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 ... therefore, both
are being considered together.
Principles of admissibility of an unregistered document and
consequence of non registration:
17. In K.B. Saha and Sons
guntas in Manchirevula Village
from Hyder Ali Mirza on 10.10.1955 under an unregistered sale deed.
Thereafter, Kolluri Anjaiah submitted an application and the Nazim Atiyat ... claim of the writ petitioner was based on the alleged unregistered sale
deed of the year 1955 and the mutation proceedings of the years
guntas in Manchirevula Village
from Hyder Ali Mirza on 10.10.1955 under an unregistered sale deed.
Thereafter, Kolluri Anjaiah submitted an application and the Nazim Atiyat ... claim of the writ petitioner was based on the alleged unregistered sale
deed of the year 1955 and the mutation proceedings of the years
guntas in Manchirevula Village
from Hyder Ali Mirza on 10.10.1955 under an unregistered sale deed.
Thereafter, Kolluri Anjaiah submitted an application and the Nazim Atiyat ... claim of the writ petitioner was based on the alleged unregistered sale
deed of the year 1955 and the mutation proceedings of the years
guntas in Manchirevula Village
from Hyder Ali Mirza on 10.10.1955 under an unregistered sale deed.
Thereafter, Kolluri Anjaiah submitted an application and the Nazim Atiyat ... claim of the writ petitioner was based on the alleged unregistered sale
deed of the year 1955 and the mutation proceedings of the years
guntas in Manchirevula Village
from Hyder Ali Mirza on 10.10.1955 under an unregistered sale deed.
Thereafter, Kolluri Anjaiah submitted an application and the Nazim Atiyat ... claim of the writ petitioner was based on the alleged unregistered sale
deed of the year 1955 and the mutation proceedings of the years
