1. Whether the agreement to sell requires compulsory registration, is the main point of law to be determined in this case. It is submitted that under section 17 (c) of the Registration Act, an agreement to sell which acknowledges the receipt or payment of any consideration on account of alleged creation, declaration assignment, Imitation or extinction of any right title or interest is required to be compulsorily registered. As in the instant case the whole consideration is admitted to have passed to the executant at the time of the execution of the agreement EXPA, which is admittedly not registered, it is submitted that the same should not have been taken into evidence or relied by the courts below for dismissing the suit of the plaintiff-appellant.

Section 17(l)(c) of the Registration Act reads :

"The following documents shall be registered namely :

a) ..............................

b) ..............................

c) non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction, of any such right, title or interest."

2. To attract the applicability of the aforesaid provision it h

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