Registration Act, 1908 – ss. 17(1A), Proviso to s. 49 – Specific Relief
Act, 1877 – Chapter-II – Suit for specific performance – Unregistered
Agreement to Sell – Admissibility in evidence – Held: As per proviso
to s.49, an unregistered document affecting immovable property
and required by Registration Act or the Transfer of Property Act to
be registered, may be received as evidence of a contract in a suit
for specific performance under Chapter-II of the 1877 Act, or as
evidence of any collateral transaction not required to be effected
by registered instrument, however, subject to s. 17(1A) of the
Registration Act – In the present case, it is not the case on behalf
of either of the parties that Agreement to Sell in question would
fall under the category of document as per s. 17(1A), Registration
Act – Therefore, High Court rightly held relying upon proviso to
s. 49 that the unregistered Agreement to Sell in question shall
be admissible in evidence in a suit for specific performance and
the proviso is exception to the first part of s. 49 – Appeal fails –
Registration (Tamil Nadu Amendment) Act, 2012 – Transfer of
Property Act, 1882 – ss. 53, 53A – Specific Relief.
Registration Act, 1908 – s. 17(1)(g) – Registration (Tamil Nadu
Amendment) Act, 2012 – Effect of – Discussed.