AIR 1969 SUPREME COURT 1316

Supreme Court Of India

(From Allahabad)*

Hon'ble Judge(s): J. C. Shah, V. Ramaswami, A. N. Grover , JJJ

(A) Registration Act (16 of 1908) , S.49, S.17— Transfer of Property Act (4 of 1882) , S.54, S.4— Documents of which registration is necessary under T. P. Act but not under Registration Act - Documents fall within scope of Section 49 of Registration Act - AIR 1928 All 726 (FB) and AIR 1921 Mad 337 (FB) and AIR 1917 Bom 203, Held no longer good law in view of T. P. (Amendment) Supplementary Act (21 of 1929). The decisions in AIR 1928 All 726 (FB) and AIR 1921 Mad 337 (FB) and AIR 1917 Bom 203 have been superseded by subsequent legislation i. e., by the enactment of Act 21 of 1929 which by inserting in S. 49 of the Registration Act the words "or by any provision of the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 (such as under Section 54, T. P. Act) but not under the Registration Act fall 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 immoveable property. AIR 1928 All 726 (FB) and AIR 1921 Mad 337 (FB) and AIR 1917 Bom 203, Held no longer good law in view of T. P. (Amendment) Supplementary Act (21 of 1929). S. As. Nos. 4940 an 3660 of 1961, D/- 27-4-1964 (All), Affirmed.(Para 3) ....