2003 (11) TMI 648

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....ument namely this agreement of sale dated 18-8-1999 is admissible in evidence. 2. The Lower Court while recording the evidence of P.W.1 gave a ruling to an objection raised by the defendant that an unregistered agreement of sale cannot be marked as it is a compulsorily registrable document under Section 17 of the Registration Act, 1908 (for short 'the Act'). The Lower Court overruled the said objection and passed the impugned order admitting the document. Being aggrieved by the said order, the defendant preferred this revision petition questioning its validity and legality. 3. It is contended on behalf of the revision petitioner that an unregistered agreement of sale can be marked only for collateral purpose and it cannot be marke....

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....perty, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, tide or interest; or 6. This is a general provision making the agreements of sales compulsorily registrable, but certain exceptions have been provided under the Act itself. Clause (2) of Section 17 indicated the nature of documents that are exempted from registration. Section 17(2) makes the position clear that any document other than the documents specified in Sub-section 1A except an agreement of sale as mentioned in Clause (g) of Sub-section (1) not in itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of value of Rs. 100/- and upwards to or in im....

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....II of the Specific Relief Act, 1877. 9. The learned Counsel for the revision petitioner relied on a judgment of this Court reported in E. Lakshmisaraswathi v. State Bank of India, 1984 (2) An.WR 149, wherein a learned Single Judge of this Court while considering the scope of the proviso to Section 49 of the Act considered the position on the basis of an unregistered lease deed and held that if the value of the consideration covered by the lease is exceeding Rs. 100/-, it is not admissible in evidence and is admissible in evidence only in collateral purpose. 10. Since the document in question is an agreement of sale of immovable property, on the basis of which the suit for specific performance is filed, the principle laid down in the above....