TaxTMI 
TaxTMI 
1926 (6) TMI 1
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....ws:- * * * * (here follows a description of the subject) * * * * I have agreed to sell the above-mentioned property for Rs. 10,000 and the sum of interest, to be paid to the Government, to Indar Singh, son of Hira Singh, Havildar, caste Jat Dhami, ocupation cultivation, abadkar and resident of Chak No. 188, Rakh Branch, Tahsil Lyallpur, who has agreed to purohase this land merely for the sake of Lambardarship. Out of the sale money I have at present received Rs, 1....
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.... The appellant having refused to complete the purchase, the respondent succeeding to all rights of Indar Singh, deceased, raised this action for specific performance. The appellant pleaded that the document in question being a document which needed to be registered, and not having been registered, could not be received in evidence in terms of Section 49 of Act XVI of 1908. He also pleaded that in respect of undue influence exercised at the time of the making of the agreement specific performance should be refused. The trial Judge held that the document did not require to be registered, but held that undue influence had been proved. On appeal the Appeal Court agreed with the trial Judge that the document did not require to be registered, but....
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....tion:- Nothing in Clauses (b) and (e) of this section applies to * * * * (h) any document not itself creating', declaring, assigning limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document, which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest. 3. This change having been made, there came to be raised questions as to various agreements, first as to whether they fell under Section 17 (b), and, accordingly, if the....