Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49 -- Lease in writing - Unregistered - Where lease deed is not registered, same cannot be looked into for purpose of creating rights between parties as per S.49 of Registration Act - Lease and its terms, thus, determinable on pleadings and evidence led by parties...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Rajasthan Rent Control Act, 2001, Section 15, 21 -- Rent and eviction - Unregistered lease deed - Admissibility in evidence - Rent-note/agreement was for a period of less than one year - Rent note is not admissible in evidence for purpose of being read as a rent deed or lease deed - However, said document will be permitted to be taken in evidence for other collateral..........
Registration Act, 1908, Section 17, 49 -- U, registered document - Admissibility - Partition suit - An unregistered document can be relied upon in partition suit for collateral purpose i.e severancy of title, nature of possession of various shares but not for primary purpose i.e division of joint properties by metes and bounds...........
Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Suit for specific performance on the basis of unregistered sale deed is maintainable, as this is the only remedy which is available to plaintiff...........
Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Held, unregistered sale deed can be taken as evidence of a contract in a suit for specific performance...........
Registration Act, 1908, Section 17, 49 -- U, registered exchange deed - Effect - Exchange deed being an unregistered document having value more than Rs.100 of suit land not admissible in evidence, as it is compulsorily registrable document...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Unregistered and unstamped - Trial Court to send the document in question to Collector Stamp concerned for adjudication of proper stamp duty - On payment of proper stamp duty document in question to be admitted in evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other right except under said..........
