Compulsory registration of agreement to sell depends on proved delivery of possession, not a bare recital in the document.

A mere recital in an agreement to sell that possession was delivered does not, by itself, prove actual delivery of possession; the fact of possession must be established by evidence. On the facts found, no actual delivery of possession was proved, and the recital was treated as insufficient to attract compulsory registration under Section 17 of the Registration Act, 1908. The agreement therefore did not require registration for the purpose of the specific performance suit, and the maintainability of the suit was upheld. The challenge to the decree failed, and the decree for specific performance remained undisturbed.

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Issues: Whether an agreement to sell required compulsory registration on the basis of a recital that possession had been delivered, so as to affect the maintainability of a suit for specific performance.

Analysis: The agreement to sell was challenged on the ground that the recital regarding delivery of possession attracted Section 17 of the Registration Act, 1908. The finding below was that no actual delivery of possession was proved and that the recital appeared to have been inserted casually. Mere recital in the document was held insufficient to establish delivery of possession, and the question whether possession was in fact delivered was treated as one of fact based on evidence. Since no evidence showed actual delivery of possession, the agreement did not fall within the category requiring registration for the purpose of the suit.

Conclusion: The agreement to sell did not require compulsory registration, and the suit for specific performance was maintainable. The challenge to the decree failed.

Final Conclusion: The second appeal was rejected because the registration objection was unsustainable on the facts found, and the decree for specific performance remained undisturbed.

Ratio Decidendi: A mere recital of possession in an agreement to sell does not, by itself, prove delivery of possession; unless actual delivery is established, the agreement does not become compulsorily registrable under Section 17 of the Registration Act, 1908.

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