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Supreme Court Of India

Hon'ble Judge(s): R. V. Raveendran, R. M. Lodha , JJ

Registration Act (16 of 1908) , S.49 Proviso— Unregistered Sale Deed - Admissible in evidence as evidence of contract in suit for specific performance of contract - Also admissible as evidence of any collateral transaction not required to be effected by registered document. Specific Relief Act (47 of 1963) , S.16— The main provision in S. 49 provides that any document which is required to be registered, if not registered, shall not affect any immovable property comprised therein nor such document shall be received as evidence of any transaction affecting such property. Proviso, however, would show that an unregistered document affecting immovable property and required by 1908 Act or the Transfer of Property Act, 1882 to be registered may be received as an evidence to the contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. By virtue of proviso, therefore, an unregistered sale deed of an immovable property of the value of Rs. 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collatered transaction not required to be effected by registered document. When an unregistered sale deed is tendered in eviden....