..., having regard to the provisions of Section 49, Registration Act? 8. If Damodar's interest in the...Section 49, Registration Act. The Registration Act, Section 49, makes documents which are compulsorily registrable...Section 17, T.P. Act, not only for purposes of amending Section 17 but also for purposes of reading Section 49, Registration Act, as applicable to Section 54, T.P. Act...

...duly stamped." The provisos do not apply in this case. Section 49, Registration Act.... Section 35, Indian Stamp Act, 1899, provides: "No instrument chargeable with duty shall be admitted in evidence for any purpose by any...unnecessary to consider the effect of this section because the documents in question not being stamped, the wider prohibition contained in the Stamp Act applies, and the learned Judge rightly excluded the...

...performance has been filed and the document in question is an agreement to sale. It is an unregistered document. As per proviso to section 49 of Registration Act in suit for specific performance unregistered documents are admissible to certain extent as provided in Section 49 of...Registration Act, 1908. 3. The extent to which the document has to be read in view of Section 49 Registration...Act and what would be the extent of real purpose and what would be the extent of collateral purpose, could not have been adjudicated by 1...

...section 17, Registration Act, and not so registered cannot be proved by the written document (see section 49, Registration...section 17(1)(b) and (c) of the Indian Registration Act. If so the receipts did not affect the immovable property sold. Those receipts were not provable by oral evidence...agreement there seems no reason why the intent to create a security by deposit of title deeds under the exception provided for in section 59, T.P Act, should not be evidenced...

...:-- "The combined effect of Section 91, Evidence Act and Section 49, Registration Act is only to shut out all evidence to...disposition of property. Section 49(c), Registration Act, prohibits the use of unregistered documents in any legal proceeding in which such a document is sought to be relied upon...Section 49, Registration Act, says that a document though unregistered deed of partition is no doubt not admissible to prove the terms of the partition but it can be referred to under...

...), Registration Act, and could not be used as evidencing the agreement of lease itself referred to therein owing to the prohibition of Section 49(c) might still be used for the.... Section 49, Registration Act, in so far as it is material runs thus : No document required by Section 17 or by...a single cransaction or may properly be said to contain two. 12. My view of Section 49(c), Registration Act, is this. It prohibits the use of an...

...not exceed five years and the annual rents reserved by which do not exceed fifty rupees.”12.2. Section 49 of the Registration Act, 1908“49. Effect of non-registration of documents required to be registered.—No document required by Section 17...rights in immovable property have accrued to the parties as envisaged under Section 17 of the Registration Act and which makes these documents out of the purview of Section 49 of...the same is not registered, it becomes an inadmissible document as envisaged under Section 49 of the Registration Act...

....(VI) Since, admittedly, the lease agreement was not registered, which document under Section 49 of the Registration Act was required to be registered, the said agreement was not...agreement in question was not required to be registered, the prohibition contained in Section 49 of the Registration Act was not applicable. He also contended in the alternative that even if it...agreement could be looked into under the proviso to Section 49 of the Registration Act and also that the said term did not extinguish the tenant's right under the Act...

...:— The mortgage not being registered could not (Section 49 Registration Act) be admitted in evidence of a transaction...registration and could not therefore effect any immoveable property comprised in it, nor could it be admitted in evidence of a transaction affecting such property. The Deputy Commissioner has overlooked the...

...Pratap Singh v. Tej Bahadur Prajapati (2004) 10 SCC 65.) The Registration Act, 1908 provides for such a contingency in terms of the proviso appended to Section 49 thereof...of a document under Section 49 of the Registration Act. Section 17 of the Registration Act deals with documents, the registration of which is compulsory and Section 49 is concerned only...AIR 1981 AP 175, AIR p. 177, para 7)“7. It is now well settled that there is no prohibition under Section 49 of the Registration Act, to receive an unregistered...

...whether an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act, 1908.4. The Trial Court based...:—“(i) In that situation it is essential for the registration of the document, if, unregistered is not admissible in evidence under Section 49 of the Registration Act.(ii) Yet, such unregistered document can be used by way of collateral evidences provided in the proviso to the Section 49 of...the Registration Act.(iii) For effecting with...

...registration under Section 49 of the Registration Act and that in any event the period of the lease as stipulated w.e.f June 1, 1971 with an option for further extension of the same by three years...proving the term of the subsequent lease under the proviso to Section 49 of the Registration Act, 1908. It is further urged that the defendants after the expiry of the earlier term of five.... The unregistered draft lease agreement Ex. B-2 was clearly inadmissible in evidence under Section 49 of the Registration Act, except for the collateral purpose of proving the nature and...

...are of the opinion that having regard to the proviso to Section 49 of the Registration Act, 1908 (for short “the 1908 Act”), the trial court erred in not admitting the...:“49. Effect of non-registration of documents required to be registered.—No document required by Section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882...(2008) 8 SCC 564)“1. A document required to be registered, if unregistered is not admissible into evidence under Section 49 of the Registration Act.2. Such unregistered document can however be used as an evidence of collateral purpose as provided in the proviso to Section 49 of...

...held that in view of the provisions of Section 107 of Transfer of Property Act, Sections 17 and 49 of Registration Act, the three unregistered lease deeds cannot be admitted in evidence even for collateral purpose invoking the proviso to Section 49 of...provisions contained in Section 107 and Section 53-A of Transfer of Property Act, 1882, Section 17(1)(d) and Section 49 of the Registration Act, 1908, are extracted hereunder...reserving a yearly rent". Section 49 of Registration Act: " No document required by...

...Section 49, Registration Act, a document, which is compulsorily registrable, if not registered, cannot be received as evidence of...T.P. Act, 1929, and the amended Registration Act, 1929. 2. Before the amendment, Section 17(6), Registration Act, 1908, made an exception in.... (amendment) Supplementary Act, 1929, the words "and an award" have been deleted from the section in the registration act. The result therefore is that an award is no longer excepted and if it...

...) (b), Registration Act, as it has dealt with title to immovable property worth more than Rs. 100. 11. Section 49(c), Registration Act, prevents the...ignored the award in view of Section 49, Registration Act. For the reasons given above, we cannot also accept the.... 10. By reason of the exception contained in Sub-section (2), Clause (vi) of Section 17, Registration Act, an award did not before 1929 require...

...Registration Act reads as follows:“49. Effect of non-registration of documents required to be registered.—No document required by section 171[or by any provision of the.../- each to the said plaintiffs. Dealing with the impact of Section 17 and 49 of the Registration Act this Court, inter alia, held:“16. Even though recitals in Ext. D-22...compulsorily registrable document and if the same is not registered, it becomes an inadmissible document as envisaged under Section 49 of the Registration Act. Hence, Exts. B-21 and B-22 are the...

...provisions of Clauses (a) and (c) of Section 49 of the Indian Registration Act, 16 of 1908. There is of course no proviso to Section 36 similar to the proviso which was added to Section 49 of...Section 49 of the Indian Registration Act to the effect that an unregistered document may be looked at as evidence of any collateral transaction not required to be...Indian Registration Act, 5th Edition (p. 186). Therefore, whether the proviso to Section 49 is retrospective in operation or not, the law contained therein was always held to have governed the...

...pressed into service for a collateral purpose within the meaning of the proviso to Section 49 of the Indian Registration Act?2. Whether, in the instant case, the...reduced to writing and possession is delivered thereunder, are not compulsorily registerable instruments.8. Section 49 of the Registration Act prohibits receiving in evidence certain types of documents. It reads as under:“49. No document required by Section 17...to a tenant, is not a compulsorily registerable instrument and, therefore, the prohibition contained in Section 49 of the Registration Act is inapplicable. Therefore, the document is...