conferring such
power,
unless it has been registered:
Provided that an unregistered document affecting
immovable property and required by this Act or the
Transfer ... unregistered instrument as evidence. A
careful reading of Section 49 (c) of the Act does not
create an absolute bar to receive an unregistered
document
registered, if unregistered
is not admissible into evidence under Section 49 of the
Registration Act.
2. Such unregistered document can however be used ... terms of the documents. But
40
admissibility of a document is entirely dependent upon the
recitals contained in that document but not on the basis
registered, if
unregistered is not admissible into evidence
under Section 49 of the Registration Act.
2. Such unregistered document can
however be used ... contents of the document
is the document itself and as required under
Section 91 of the Evidence Act the document itself
has to be produced
registered, if
unregistered is not admissible into evidence
under Section 49 of the Registration Act.
2. Such unregistered document can
however be used ... contents of the document
is the document itself and as required under
Section 91 of the Evidence Act the document itself
has to be produced
documents, Exts. P-3 and P-1, must be read as a single document, or that the two documents, one of which is unregistered ... reading an unregistered document along with a registered document in such a way as to construe the terms of the registered document in the light
same.
3. Appearing for the petitioner, Mr. Shetty argued that an unregistered document which was compulsorily registrable under Section 17 of the Registration ... exception to the general rule against the use of such unregistered document. It permits an unregistered document affecting immovable property to be received among others
recognize the distinction between an
oral partition or partition by unregistered document which is
not followed by partition by metes and bounds ... hand and oral partition or partition by unregistered
document which was acted upon by physical partition of the
43
properties by metes and bounds
that
revenue records are not documents of title,
and the question of interpretation of a
document not being a document of title ... virtue of
this document.
28. So, the very contents of the said document
clearly indicates that the parties to that document
intend to exchange title
claim set up
6
by appellants-plaintiffs based on an unregistered
document and has answered Issue No.1 in the negative.
Having answered Issue ... also come to
8
conclusion that Ex.P.2 being unregistered document
cannot be looked into and the same is inadmissible in
evidence. The First
prohibition
under Section 49 of the Registration Act, to receive an
unregistered document in evidence for collateral
purpose. But the document so tendered should ... purported sale deed dated
02.05.1966 was never registered and remained
an unregistered document. Even as per the
appellants, consideration for the suit land
