1. The revision petitioner is the B Party in a S.145 proceedings initiated by the Executive First Class Magistrate of Muvattupuzha. In proof of his possession of the property in dispute the B. Party produced a copy of a gift deed. The original was unregistered and so objection was raised to the admissibility of the document. The learned Magistrate upheld the objection and this petition is filed to quash the order. The short question that arises for decision is whether the document could be admitted in evidence.

2. S.17 of the Indian Registration Act (Act XVI of 1908) enjoins that instruments of gift of immovable property should be registered.

S. 49 of the Act says:

"No document required by S.17 or by any provision of the Transfer of Property Act, 1882 to be registered shall

(a) affect any immovable property comprised therein, or b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:

Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract