Compulsory registration of agreement to sell applies where it creates an immediate interest in immovable property, barring evidence.

An unregistered agreement to sell was held, on its terms and the statutory scheme, to create an immediate interest in immovable property rather than a mere right to obtain a future conveyance. Because the buyer had paid earnest money and sought specific performance, the instrument attracted the buyer's statutory charge under the Transfer of Property Act, 1882 and fell within the class of documents compulsorily registrable under the Registration Act, 1908. As it was not registered, it was inadmissible in evidence and specific performance could not be sustained.

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Issues: Whether the unregistered agreement to sell, in the circumstances of the case, was compulsorily registrable and therefore inadmissible in evidence.

Analysis: The document was not merely a contract creating a right to obtain a further conveyance; on its terms, read with the statutory scheme, it operated to create an immediate interest in immovable property in favour of the buyer. The buyer had paid earnest money and was seeking specific performance, attracting the buyer's statutory charge under the Transfer of Property Act, 1882. On that footing, the instrument fell within the class of documents requiring compulsory registration under the Registration Act, 1908. An unregistered document of that nature could not be received in evidence by reason of the statutory bar.

Conclusion: The agreement was compulsorily registrable and, not having been registered, was inadmissible in evidence; the appeal succeeded and specific performance could not stand.

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