ORDER: A perusal of the document which has been held inadmissible in evidence by the trial court would show that it does certainly create and declare a right, title and interest in immoveable property, and as such it compulsorily requires registration. The document being unregistered, it would not be admissible in evidence under S. 49, Registration Act, if it is produced as evidence of any transaction affecting any immovable property. But a perusal of S. 49 would show that a compulsorily registerable document, though unregistered, and inadmissible in evidence of a transaction affecting immovable property, may yet be admitted as evidence for any purpose other than that of creating or declaring a right to immovable property. It is true that in the Indian Registration Act a proviso to the following effect:

"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 in a suit for specific performance under Chapter II of the Specific Relief Act 1877, or as evidence of part performance of a contract for the purpose of S. 53A of the

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