The Supreme Court recently upheld a court injunction that allows the plaintiff to conduct evidence of the unregord unsealed arrangement of the sale in his complaint for the recovery of the serious money paid by him at the time of the execution of the agreement for the sale. … implementation of an unregured sales agreement of November 11, 2003. It is also filed by the scholar council for the petitioner that, although the petitioner is the owner of the property, in question, by… for a defined benefit on the basis of an unregured sales agreement. This unregured sales agreement was dated November 11, 2003. ii) It seems that… Code of Civil Procedure, 1908, that they want to present their additional evidence because they have never been considered parties in court and registered sales licenses, under… In the case of Surendra Kumar v.
Amarjeet Singh and Ors. AIR 2004 Allahabad 335 found that the contract for the sale of unreg registered real estate cannot be enforced under the specific Relief Act. , it is through Section 16 of the Specific Relief Act, … That the appeal be brought by the original applicants, who rely on an unreg registered agreement, to Sale.So, to the extent that this is the allegation, it may succeed… The judge was happy to grant an injunction, as in the Exh.5 notification in Regular Civil Suit No. 42 of 2007.1.1 earlier, Misc. Civil action No. 26 of 2008 was filed in the Court of… the original applicant, that he was the tenant of the land of appeal, also this issue must be stirred before the corresponding forum as the court of Mamlatdar – ALT. Hon`ble Court held that Section 17 (1A) simply stated that such an unregauble contract could not be put into service within the meaning of Section 53 (A) of the Property Transfer Act of 1882. Section 17 (1A) of the Registration Act, 1908, does not prohibit, in a few words or with the necessary intent, the filing of an action for a defined benefit based on a non-registered sale agreement, that the surrender of the property be registered or executed for the benefit of a person to whom possession is delivered, and provided that Section 49 of the Indian Registration Act, 1908, responds to an argument to the contrary.
Hon`ble Court has decided that: (a) a lawsuit for a defined benefit based on an unregistered contract/sale with a partial performance clause of the contract by delivery of ownership or executed with a person already in possession is not dismissed because of the lack of registration of the contract or agreement; (b) the omission of section 49 of the Registration Act legitimizes such a contract to the extent that, even if it is not registered, it may form the basis for legal action for a specified benefit and be provided as evidence of the agreement or partial performance of a contract.  Section 17(1A) of the Registration Act, 1908 provides that “documents containing contracts containing contracts in return, all lands within the meaning of Section 53A of the Transfer of Ownership Act of 1882 are registered if they were executed on or after the beginning of the Registers and Other Laws Act 2001 and these documents are not registered on or after that date, they have no effect for the purposes of Section 53A.” This section of the Registration Act expressly states that if the sales contract is not registered, it has no effect within the meaning of Section 53A of the Transfer of Ownership Act of 1882.