Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Registration Act, 1908, Section 49, Proviso -- Un-registered lease deed - Can be shown to prove nature and character of possession but it cannot be used to prove the terms of lease and unregistered lease deed is admissible in evidence for collateral purpose for proving possession of a party...........
Registration Act, 1908, Section 17, 49 -- Unregistered exchange deed - Parties mutually exchanged their respective properties orally and taken over possession of respective properties after exchange - Document in question is evidencing a past transaction of exchange of properties between parties - For the purpose of proving collateral transaction of delivery of possession..........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped instrument - Not admissible in evidence even for collateral purpose...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Un-registered or unstamped document - Cannot be used even for collateral purpose and is inadmissible in evidence...........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Unregistered document to prove title - The purpose for which document is relied upon is not for collateral purpose but to prove the transaction on the basis of which plaintiff tries to establish his title - Rejection of application calls for no interference...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
