SADAR RAM SINGH Vs. SADAR RAM SINGH

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 2.5.2003 passed by the learned n Additional Senior Civil Judge, Warangal, in LA. No.253 of 2003 in O.S. No.134 of 2003.

(2.) The revision petitioner is the plaintiff who filed the suit for specific performance of the contract of sale. He filed a concomitant petition in LA. No.253 of 2003 under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking temporary injunction pending disposal of the suit to restrain the first respondent from alienating the suit schedule property to the second respondent or to any third party. At the time of enquiry in the suit, four documents came to be marked on the side of the petitioner-plaintiff. The second respondent sought to mark the document known as "Agreement of Sale" so as to buttress his contention that the first respondent agreed to sell the property under the said agreement to him. An objection was taken for introducing the said document. The objection was two fold - firstly the document could not be marked as it was insufficiently stamped; and secondly the document required registration under Section 17(g) of the Registration Act and, therefore, for want of registration it was not admissible.

(3.) A perusal of the document in question dated 17.1.2003 shows that it is an agreement of sale. It has been recited inter alia in the document that out of the total consideration of Rs.1.25 lakhs as fixed between the parties, an amount of Rs.l lakh has been paid and the balance amount of Rs.25,000/- shall have to be paid at the time of registration or at the time of delivering the possession of the property. The parties further agreed that the instrument shall have to be executed and registered after obtaining all the necessary permissions. These things are contained in clauses (2) and (3) as set forth under the document in question. A perusal of both these clauses leaves no room for any doubt that the parties contemplated to get a regular conveyance deed executed and registered after obtaining all the necessary permissions from the concerned authorities. Therefore, the transaction per se is an agreement of sale but not an out and out sale. Possession has not been delivered under the document as the parties contemplated the delivery of possession at a later point of time and to pay the balance consideration of Rs.25,000/- at that time.