Case Note & Summary
The petitioner, as plaintiff, filed a suit for specific performance of an agreement dated 29-6-2006 and for delivery of vacant possession of the suit property. During trial, when the petitioner sought to exhibit the agreement, the respondents objected on the ground that it was not registered. The trial court upheld the objection and refused to exhibit the document. The petitioner challenged this order in the High Court. The High Court observed that the agreement contained a recital that possession was delivered, but the petitioner claimed that possession was never actually delivered and therefore sought possession as a relief. The court held that since possession was not delivered, the document did not require registration under Section 49 of the Registration Act, 1908. The proviso to Section 49 allows an unregistered document to be admitted as evidence of a contract in a suit for specific performance. The court relied on a Division Bench decision in Sadanand Laxmikant Jahagirdar & Ors. v. Shripad Ramakant Jahagirdar & Ors. and allowed the petition, setting aside the trial court's order and directing that the document be exhibited.
Headnote
A) Evidence Act - Admissibility of Unregistered Document - Section 49 of Registration Act, 1908 - Unregistered agreement for sale can be admitted in evidence for collateral purpose of proving possession - Where possession is not actually delivered, the document does not require registration and can be exhibited - Held that the trial court erred in rejecting the document (Paras 5-6).
Issue of Consideration
Whether an unregistered agreement for sale which contains a recital of delivery of possession can be exhibited in a suit for specific performance where possession is also claimed but not actually delivered.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order, and directed that the document dated 29-6-2006 be exhibited in the suit.
Law Points
- Unregistered agreement for sale can be admitted in evidence for collateral purpose of proving possession
- Section 49 of Registration Act
- 1908
- proviso
- Specific Relief Act
- 1963
Case Details
2015 LawText (BOM) (08) 137
Writ Petition No.1947 of 2014
Shri M. S. Abbasi for petitioner, Shri Sawan Alaspurkar for respondents
Gulam Murtuza Khan Gulam Ahmed Khan
Ramdas Banaji Ilame, Sau. Shindubai Ramdas Ilame, Dilip Ramdas Ilame, Vinod Ramdas Ilame
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Nature of Litigation
Civil writ petition challenging trial court order refusing to exhibit unregistered agreement for sale in a suit for specific performance and possession.
Remedy Sought
Petitioner sought to set aside the trial court's order and allow the document to be exhibited.
Filing Reason
Trial court refused to exhibit the agreement dated 29-6-2006 on the ground that it was not registered.
Previous Decisions
Trial court passed order below Exhibit 68 in Special Civil Suit No.11/2009 on 29-11-2012 impounding the document, and later refused to exhibit it.
Issues
Whether an unregistered agreement for sale containing a recital of delivery of possession can be exhibited in a suit for specific performance where possession is also claimed but not actually delivered.
Submissions/Arguments
Petitioner argued that possession was never delivered, so no registration was required; document admissible for collateral purpose.
Respondents objected that the document was unregistered and could not be exhibited.
Ratio Decidendi
An unregistered agreement for sale can be admitted in evidence for the collateral purpose of proving possession, especially when possession is not actually delivered and the suit seeks possession. The proviso to Section 49 of the Registration Act, 1908 permits such admission.
Judgment Excerpts
The proviso to Section 49 of the Registration Act, 1908 permits an unregistered document to be admitted as evidence of a contract in a suit for specific performance.
Since the possession was not delivered, the document did not require registration and could be exhibited.
Procedural History
The petitioner filed Special Civil Suit No.11/2009 for specific performance and possession. During trial, the document dated 29-6-2006 was impounded on 29-11-2012. When sought to be exhibited, respondents objected. Trial court upheld objection. Petitioner filed Writ Petition No.1947 of 2014 in the High Court.
Acts & Sections
- Registration Act, 1908: Section 49
- Specific Relief Act, 1963:
