JAVVADI KOTESWARA RAO Vs. SONTI SAMBASIVA RAO

JUDGEMENT

(1.) This revision petition arises from an order passed by the Junior Civil Judge, Kaikalur dated 25-2-2003 in O.S. No. 16 of 2000, which reads as follows: Heard. Objections regarding the admissibility of agreement of sale. As this being a suit for specific performance, Section 49 of Registration Act expressly exempted this class of cases. I hold that the suit document namely this agreement of sale dated 18-8-1999 is admissible in evidence.

(2.) The Lower Court while recording the evidence of P.W. 1 gave a ruling to an objection raised by the defendant that an unregistered agreement of sale cannot be marked as it is a compulsorily registrable document under Section 17 of the Registration Act, 1908 (for short 'the Act'). The Lower Court overruled the said objection and passed the impugned order admitting the document. Being aggrieved by the said order, the defendant preferred this revision petition questioning its validity and legality.

(3.) It is contended on behalf of the revision petitioner that an unregistered agreement of sale can be marked only for collateral purpose and it cannot be marked in a suit for specific performance. The learned Counsel for the respondent-plaintiff submitted that the agreement of sale is not effecting the transfer of property in favour of the plaintiff and it is only a contract under which the plaintiff is laying a claim that the defendant is liable to execute a sale deed, therefore, the said document can be marked in a suit for specific performance of the agreement of sale.