A KISHORE ALIAS KANTHA RAO Vs. G SRINIVASULU

JUDGEMENT

(1.) This reference has been made by a learned Single Judge of this Court, referring the following question :

(2.) Before going to the arguments and the judgments which have been cited at the bar, it will be profitable to reproduce Section 49(c) of the Registration Act, 1908.

(3.) NoW, the contention of the learned Counsel for petitioner is that Section 49(c) empowers the Courts to rely on unregistered documents for collateral purpose and the nature of the possession of the petitioner would be a collateral purpose in the suit, whereas the learned Counsel for the other side submits that in a suit for injunction, the question of possession is a principal question and not a collateral question. In a lease, it is submitted What is transfer, is possession'alone and if it is held to be a collateral purpose, then there won't be any principal purpose. It is submitted that if a sale deed is unregistered, possession may be collateral purpose because in a sale, the total interest in the property is transferred whereas lease by definition, transfers only the possession. Therefore in a lease deed, the possession would be the principal purpose and not collateral purpose. This question has cropped up on many occasions before this Court as well as Supreme Court. Let us have a look at the judgments of this Court and the Supreme Court, which have also been noted by the learned Single Judge. (1) Hussain Begum and others:v. Madu Ranga Rao and others, 2000 (2) ALD 30 = 2000 (1) ALT 568. This also pertain to a lease and in Para 15, this Court held: