Admissibility of unregistered document for specific performance under Chapter II of the Specific Relief Act, 1877.

1. - A short but interesting point has arisen in this revision petition.

2. Plaintiff filed a suit for specific performance on 16.1.1999 before the learned District Judge, Sikar which was later on transferred to the court of learned Additional District Judge. This case is that agreement regarding sale of property situated at Nani Gate, Nala Ka Baas, Sikar was executed between the parties on 18.1.1996. Consideration of Rs. 1,10,000/ was agreed, out of which a sum of Rs. 1,00,0001- was paid on the same day. It was agreed that the balance of Rs. 10,000/- would be paid at the time of registration. It was further averred that this balance was also paid on 26.1.1996 and the defendant assured to register the sale deed. Thereafter, the plaintiff constructed the shops on the said property. The defendant went on procrastinating to register the sale deed. On 6.10.1998, respondent No. 3 published a notification in the newspaper that the shops in question belong to him. He admitted before the petitioner, when both of them met, that he was misguided by some persons. Assurance was given to execute the sale deed on 15.1.1998. On 15.1,1998, respondent No. 3 did not come to register the sale deed. Consequently, plaintiff again met him on 26.10.1998. When he denied to execute and register the sale deed, a notice through Advocate was sent on 15.12.1998 and even thereafter the sale deed was not executed. Hence a suit for specific performance as well as permanent injunction was filed

3. The case of the defendants is that the agreement was executed on 18.1.1996 but the amount was not paid to them and consequently possession was not handed over and that construction has been made by the defendants on burn over which they have legal possession. It has also been averred that the agreement to sell required registration Under section 17 of the Registration Act. On the basis of pleadings, as many as 8 issues have been framed. When statement of the plaintiff was being recorded and when he wanted to exhibit the agreement dated 18.1.1996, objection was raised that the document was inadmissible in evidence. This objection was sustained by the learned trial Judge by the impugned order. Hence this revision.

4. Learned counsel for the petitioner submitted that in this case, it was material whether the possession was handed over to the plaintiff or not. Relying on Kalavakurti Venkata Subbaiah v. Bala Gurappagari Guruvi Reddy, RLW 1999 (3) SC 445 , he submitted that when suit was filed for specific performance and relief of injunction and possession was claimed, the suit was maintainable even on the basis of unregistered sale deed So, according to him when the defendant has not given possession as it is the case of the defendant himself in the written statement, the suit was maintainable on the basis of unregistered agreement as per this judgment of the Hon'ble Supreme Court. So the document which is unregistered can be exhibited specifically for the reason that the defendant has denied the delivery of possession or even the document in his pleadings. For this purpose, he has also placed reliance on a judgment of this Court in S.B. Civil Misc. Appeal No. 1001/2000 Bhagwati Prasad v. Shakur & Anr. and S.B. Civil Revision Petition No. 730/2000 Bhagwati Prasad v. Shakur & Anr. decided on 14.9.2000 in which Hon'ble Verma, J. relying on Kalavakurti Venkata Subbaiah v. Bala Gurappagari Guruvi Reddy, (1997) 7 SCC 114 (supra) held that the document could be received Under section 49 of the Registration Act in evidence. The facts in the case were that the suit was filed for specific performance of contract on the basis of Unregistered document It was held by Hon'ble Verma, J. that Section 17 of the Registration Act would apply only when if a matter is pertaining to registration of a document and not for a comprehensive suit as in the present case where the relief prayed for was directing the defendant to register the sale deed in favour of the plaintiff and fo