G. VEERAMANI Vs. N. SOUNDARAMOORTHY AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and final order passed by the Court below dismissing the application filed by the petitioner/1st defendant seeking to reject the unregistered agreement of sale, which was sought to be marked by the first respondent/plaintiff.

(2.) The first respondent/plaintiff filed a suit for specific performance and for a relief of permanent injunction based on an unregistered agreement of sale dated 07.05.2006. As per the case of the plaintiff, pursuant to the agreement of sale, the possession of the property was also handed over to the plaintiff. The pleadings were completed, issues were framed and the case was at the stage of trial.

(3.) The plaintiff was in the box and the unregistered agreement of sale was sought to be marked as a document. This was objected by the petitioner/defendant on the ground that the plaintiff had specifically pleaded part performance under Section 53(A) of the Transfer of Property Act (hereinafter referred to as 'the Act') and therefore, the sale agreement must be necessarily registered and without the same, the same should not be marked as a document. The Court below took into consideration the fact that the plaintiff had given up the relief of injunction and was only prosecuting the suit for the relief of specific performance. Therefore, the Court below took into consideration the judgment of the Hon'ble Supreme Court in S.Kaladevi v. V.R.Somasundaram and others reported in 2010(2) TLNJ 471 and came to a conclusion that even an unregistered sale agreement can be marked and it can be looked into for collateral purpose.