Case Note & Summary
The dispute arose in a civil appeal concerning the admissibility of an unregistered sale deed in a suit for specific performance. The appellant, S. Kaladevi, sought to compel the respondents, V.R. Somasundaram and others, to execute a sale deed for a property based on an oral agreement dated 27.02.2006. The plaintiff claimed that she had fulfilled her obligations under the agreement, including paying the full consideration and taking possession of the property. However, the sale deed could not be registered due to an order of attachment on the property. The defendants denied the existence of the oral agreement and claimed that the plaintiff had misrepresented the nature of the document they signed. The trial court refused to admit the unregistered sale deed into evidence, leading to a revision petition by the plaintiff that was also unsuccessful in the High Court. The Supreme Court, upon reviewing the case, found that the trial court had erred in its decision. It emphasized that under the proviso to Section 49 of the Registration Act, 1908, an unregistered sale deed could be admitted as evidence of a contract in a suit for specific performance. The court noted that the unregistered deed could be used to prove the existence of an oral agreement, thus allowing the appeal and directing the trial court to admit the document and proceed with the case. The parties were ordered to bear their own costs.
Headnote
A) Registration Law - Admissibility of Unregistered Documents - Unregistered Sale Deed in Specific Performance Suit - Registration Act, 1908, Section 49 - The court held that an unregistered sale deed can be admitted as evidence of a contract in a suit for specific performance, as per the proviso to Section 49 of the Registration Act, 1908, allowing such documents to be used for proving oral agreements. The trial court's refusal to admit the unregistered sale deed was deemed erroneous (Paras 8-17).
Issue of Consideration
Whether an unregistered sale deed can be admitted in evidence in a suit for specific performance of a contract.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court and trial court, and directed the trial court to admit the unregistered sale deed into evidence and proceed with the suit.
Law Points
- Admissibility of unregistered sale deed
- Specific performance
- Registration Act
- 1908
- Proviso to Section 49
- Evidence of contract
