ABDUL LATIF MIAN Vs. DEBI MAHTON

JUDGEMENT

(1.) This case has been referred to a Division Bench for decision. The question which arises is whether an unregistered agreement for sale is admissible in evidence in an action for specific performance. The learned Judge in the Court below reversing the decision of the trial Court came to the conclusion that it was inadmissible in the plaintiff's suit. In dealing with the matter two principal questions will have to be considered, one is the construction of the agreement itself and the other the provisions of the Registration Act, Secs.17 and 49.

(2.) Under Section 17, Registration Act, certain documents are required to be registered amongst which will be the agreement before us if it is to be construed as a conveyance in contradistinction to a mere agreement for sale of the property concerned. One of the exceptions to the requirements which I have mentioned is found in Sub-section (2), Clause (v) which provides: Any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest etc., but merely creating aright to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest. Section 49 as is well-known provides that a document which is required to be registered under Section 17 shall not affect any immovable property and shall not be received in evidence if it is unregistered.

(3.) By the proviso enacted by Act 21 of 1929 an unregistered document affecting immovable property required by the Act or the Transfer of Property Act to be registered may be received as evidence of a contract in a suit for specific performance. One of the questions which might have arisen in this case, had the view which I hold not been different, would have been whether the proviso which I have just read is to be considered as retrospective. The agreement which was dated 15 February 1928, after certain recitals states: And also with the advice of and in consultation with my well wishers fixed the price for the absolute sale of 11 kathas and 16 dhurs of bakashat land as per details given below lying in Mauza Musahri, etc. It then states the price and adds: On receipt of Rs. 300 in cash in one instalment in one lump sum from the hand and asset of Abdul Latif Mian, etc., I do execute this deed of contract and make a trustworthy declaration that I shall within three months execute and get registered a deed of sale in respect of the land entered in this deed of contract.