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2016 Supreme(Raj) 121

PRASHANT KUMAR AGARWAL
Shree Chand – Appellant
Versus
Civil Judge – Respondent


Advocates Appeared:
For the Appellant : Sanjay Tyagi, Mr. Mahipal Kharra
For the Respondent: Ajay Gupta, Mr. Chhatrasal Singh

ORDER :

Heard learned counsel for the parties.

Admissibility of a document dated 15.12.2000 styled as a writing, it being unregistered, is the core question to be addressed in this writ petition. Another issue to be considered and decided is whether right of way through and over the other land of defendant-respondent as claimed by the plaintiff-petitioners falls within the purview of 'collateral transaction' as provided under Proviso to Section 49 of the Registration Act (hereinafter referred to as the 'Act') and the document in question is admissible in evidence despite the fact that it is unregistered as required under Section 17 of the Act.

Brief relevant facts leading to filing of this writ petition are that plaintiff-petitioners filed a suit for permanent injunction with the averment that defendant-respondent sold land measuring 599 square yards to them and in respect of the said sale a writing dated 15.12.2000 on a stamp paper of the value of Rs.100/- was executed by respondent in their favour and possession of the said land was also delivered and they are enjoying the same after constructing three houses over it. It was also averred that by way of the same document the responde

















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