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SUGATO MAJUMDAR
Calcutta Gujarati Education Society – Appellant
Versus
Budge Budge Company Ltd. – Respondent
JUDGMENT :
1. The Court GA 17 of 2024 is filed on behalf of the Defendant for recording objections in connection with the deposition of the Plaintiff’s witness in respect of question no. 51 to 59 as recorded in the minutes dated 13.06.2023.
2. In course of examination of the Plaintiff’s witness, four agreements were adduced in evidence. The four agreements bear dates of 08.12.2008, 06.10.2008, 17.10.2009 and 16.05.2009 respectively. These agreements were marked as G, GA, GB and GC and the signatures were also marked accordingly. The said agreements are lease agreements of immovable properties exceeding one year of duration. All these agreements are unregistered agreements. All along, the Defendant was under impression that objection, as to admissibility of the said four agreements and the mode adopted for proving the said four agreements, are irregular and cannot be allowed. The said will also be evident from the fact that the Learned Advocate for the Defendant did not put any question to the witness of the Plaintiff during cross-examination. It is also contended that the Defendant was not allowed inspection of the said agreements prior to tendering the agreements for evidence.
3. In
Unregistered lease agreements can be admissible for collateral purposes if objections to their admissibility are not raised at the time of tendering.
Unregistered lease agreements can be admissible for collateral purposes; timely objections to admissibility must be raised at the time of tendering.
Unregistered documents can be admitted as evidence under specific conditions despite stamp duty issues; timely objections are crucial.
An unregistered document required to be registered is inadmissible in court and does not confer rights or ownership of property.
Section 49 of Registration Act reads as effect of non-registration of documents required to be registered.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
Unregistered document affecting immovable property and required by Registration Act to be registered may be received as evidence of a contract in a suit for specific performance.
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