ORDER

Heard Mr. Ganpati Trivedi, learned senior advocate assisted by Mr. Madan Mohan, Ms. Pallavi Pandey, Mr. Ritik Shah and Ms. Aishwariya Shree, advocates and Mr. Arvind Kumar Singh, learned counsel for the opposite parties.

2. This Revision application has been filed against the order dated 17.05.2017 passed in Title Suit No. 172 of 2015 / 432 of 2010 by learned Sub Judge- XI, Gaya, whereby the learned trial court has rejected the petition filed on behalf of the defendant/petitioner under Order 7 Rule 11(d) of the Code of Civil Procedure praying for rejection of the plaint.

3. The petitioner herein is the defendant in the Title Suit No. 172 of 2015 / 432 of 2010 filed by the opposite parties for a decree directing the defendant/petitioner to execute and register the sale deeds on the terms and conditions mentioned in sada sale deeds dated 12.04.2005 and 05.06.2006 with respect to suit land detailed in Schedule 1 of the plaint within the time fixed by the court failing which the same be done by the court through the process of the court and also for declaring that plaintiffs have got title and possession over the suit land and defendant be permanently restrained from dispossessing or interfering of the possession of the plaintiffs over the suit land and for alienating the same with any other person holding that plaintiffs have got title and possession over the suit land.

4. After summon, the defendant/petitioner appeared and filed petition on 16.07.2012 under Order 7 Rule 11(d) of the Code of Civil Procedure praying to reject the plaint as the plaintiffs have based their suit on an unregistered deed on the basis of which they have also claimed to have come in possession. It was also pleaded that the suit was barred under Section 53A of the Transfer of Property Act, 1882 (hereinafter referred as ‘T. P. Act’) and Section 49 (amended) of The Indian Registration Act, which provides mandatory registration of document.

5. Mr. Ganpati Trivedi, learned senior advocate for the petitioner has vehemently submitted that the document containing the contract to transfer the right, title or interest of an immoveable property for consideration is required to be registered, if the party was to rely on the same for the purpose of Section 53A of the T. P. Act to protect its possession over the suit land. If it is not a registered document, the only consequences provided in this provision is to declare that such document shall have no effect for the purpose of said Section 53A of the T.P. Act. It is admissible only as evidence to the agreement to sale under the provision of Section 49 of the Registration Act and shall not have any effect for the purpose of Section 53A of the T. P. Act. He has relied upon the decision in the case of Ameer Minhaz vs. Dierdre Elizabeth (Wright) Issar and Ors. reported in (2018) 7 SCC 639.

6. On the other hand, learned counsel for the plaintiffs/opposite parties submitted that the contract for sale in between plaintiffs and defendant was for 7.80 acres of land for which total consideration money was Rs. 2,94,630/- and the same was paid by the plaintiffs and received by the defendant. On receipt of entire consideration money, the defendant executed the sada sale deed dated 12.04.2005 in favour of original plaintiff nos. 1 & 2 and others and sale deed dated 05.06.2006 in favour of plaintiff no. 3 and they were put in possession thereon. The required ingredients for sale of aforesaid suit land was fulfilled by making payment of entire agreed consideration money and by putting the plaintiffs’ possession thereon. The plaintiffs acquired title and possession over the suit land. Plaintiffs are in peaceful cultivating possession over the suit land since the date of sada sale deeds. It is also pleaded that the defendant, finding a recital of the sada sale deed, made endorsement of execution of sale acknowledging the receipt of entire consideration money in his own pen, writing and signature. At the instance of defendant, the witn