RAMLING PARVATAYA SAMBLE Vs. BHAGVANT SAMBHUAPPA

JUDGEMENT

(1.) The question in this appeal is what is the proper construction to be placed on Exhibit 17, which the plaintiff contended is an agreement to sell and, therefore, is admissible in evidence without registration, in order to support his claim for specific performance of the agreement contained therein.

(2.) The defendant contended that the document was compulsorily registrable under the Indian Registration Act 1908, and, therefore, was inadmissible in evidence, The trial Court held that the document did not require registration, and decreed the plaintiff's suit. The appellate Judge came to a contrary conclusion and dismissed the suit with costs in both Courts. The document is as follows: My undivided one third share in the property-(shop premises) has been sold to you for Rs. 2,500 in cash, the said amount having been received in sums by me from you from time to time, Only a registered sale-deed has remained to be executed and registered in your favour which I shall execute and get registered within fifteen days from this clay at my own cost. In case the deed is not so executed and registered, you should get the sale-deed executed and registered through Court.

(3.) Under Section 17(1)(b): other non-testamentary instruments which purport or operate to creats, declare, assign, limit or extinguish, whether in present or in future, any- right, title or interest, whether vested or contingent of the value of one hundred " rupees and upwards, to or in immovable property must be registered. Under Section 49: No document required by Section 17, to be registered shall- (a) affect any immovable property comprised! therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered in accordance with the provisions of this Act. It has been contended by the appellant's pleader that, even if that document can be read as declaring or creating an interest in immovable property of the value of one hundred rupees and upwards, and was, therefore, inadmissible as being unregistered, it can be used for the purpose of obtaining specific performance of the agreement continued therein,