The question, which quite often vexes the Bar and the Bench alike, arises in this case. The question is whether the unregistered sale deed dated 23.01.1976 sought to be produced by the plaintiff in evidence in a suit for permanent injunction could be marked for a “collateral purposes”? The lower Court has sustained the objection raised by the defendant that as the sale deed pertains to an immovable property, which requires compulsory registration, and the same is not registered, it cannot be admitted in evidence even for the purpose of proving the plaintiff’s possession.

Before delving into the legal position governing the issue, it is necessary to briefly refer to the facts of the case. The petitioner herein filed O.S.No.169 of 2005 for permanent injunction restraining the respondent herein and the persons claiming through him from interfering with his peaceful possession of the plaint schedule property comprising Ac.0.20 cents or 0.081 hectares out of Ac.1.87 cents in survey No.649/1 of Chittoor Municipality. It is the pleaded case of the petitioner that his brother K.Gopalan was the absolute owner of the plaint schedule property, that out of love and affection towards