AIR 2002 PUNJAB AND HARYANA 290 ::(2002) 2 CivilCourtC 381 ::2002 (2) RecCivR 669 ::2002 HRR 478 ::(2002) 3 ICC 112 ::2002 (2) Pun LR 467 ::(2002) 3 LandLR 505

Punjab And Haryana High Court

Hon'ble Judge(s): M. L. Singhal , J

Registration Act (16 of 1908) , S.17, S.49— (as amended by Act(2 of 1929)) - Oral exchange - Relating to immovable property of value of Rs. 100/- or more - Such transaction falls within scope of S. 49 - It is not admissible in evidence if not registered. Transfer of Property Act (4 of 1882) , S.118— Oral exchange is not permissible in view of the amendment of Section 49 of the Registration Act brought about by Act No. 21 of 1929, which by inserting in Sec. 49 of the Registration Act the words "or by any provision of the Transfer of Property Act, 1882" has made it clear that the documents of which registration is necessary under the Transfer of Property Act but not under the Registration Act falls within the scope of Section 49 of the Registration Act and if not registered are not admissible as evidence of any transaction affecting any immovable property comprised therein, and do not affect any such immovable property. Transaction by exchange which required to be affected through registered instrument is if it was to affect any immovable property worth Rs. 100/- or more.(Para 18) .....