SUBE SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) FOR the reasons stated in the application, the C.M. is allowed and the case is restored to its original number.

(2.) THE present revision petition has been filed against the order dated 20.3.2002 passed by the Civil Judge (Jr. Divn.) Narnaul, vide which the agreement dated 2.11.1983 showing that transfer of the immovable property for sale consideration of Rs. 15,000/- (Rs. Fifteen thousand) in favour of Yad Ram, father of the petitioner herein by Sheo Chand father of respondent No. 1 herein has been held to be inadmissible in evidence for want of registration. In support of this order, the learned trial Court placed reliance on a judgment of the Madras High Court in the case of Yandemma v. Vankat, AIR 1947 Madras 168.

(3.) THE contention of the learned counsel for the petitioner is that in view of proviso added to Section 49 of the Registration Act, the petitioner should be allowed to get the document exhibited as it can be used for the purpose of collateral transaction. In support of this contention, he placed reliance on the judgment of the Hon'ble Supreme Court in the case of Bonder Singh and others v. Nihal Singh and others, 2003(2) R.C.R.(Civil) 222 : AIR 2003 SC 1905, wherein it has been held as under :-