An agreement creating an interest in property in favor of another person requires registration under Section 17(b) of the Indian Registration Act.

( 1 ) THIS is a plaintiffs second appeal arising out of a suit for restraining the defendant by means of a permanent injunction from alienating the properties detailed at the foot of the plaint.

( 2 ) ACCORDING to the plaintiffs case one Narottam Gir had half share in plots Nos. 24l measuring 3 bighas 5 Biswas and 599 measuring 5 Biswas situate in Sikandrabad, district Bulandshahr. The aforesaid Narottam Gir had four sons, namely, Dharampal Gir, Parmeshwari Dayal Gir, the two plaintiffs, Madan Gir, the deceased husband of defendant-respondent, Smt. Angoori Devi, and pooran Gir. Madan Gir husband of defendant-respondent Smt. Angoori Devi, pre-deceased his father Narottam Gir and after his death Smt. Angoori Devi, defendant-respondent, went away to her parents place. Defendant-respondent, Smt. Angoori Devi however, came again to the plaintiffs house after the death of Narottam Gir, The name of the defendant-respondent was got mutated in village record for her consolation even though she had no share in the property and the defendant-respondent in turn agreed that she would not transfer the property in her lifetime for which she executed a deed on 26-12-1968. The plaintiffs alleged that in defiance of the aforesaid undertaking, she is now threatening to transfer the property over which her name had been mutated as a consolation. The suit giving rise to the present second appeal was, therefore, filed for a permanent injunction restraining her from transferring this property to any one.

( 3 ) THE aforesaid suit was contested by the defendant on the ground that her husband had died subsequent to the death of his father. It was also pleaded that she had never executed any deed limiting her right not to transfer the property in her lifetime and that the aforesaid deed had been obtained by fraud and undue influence. It was also pleaded that the deed of agreement was inadmissible in evidence.

( 4 ) THE trial court held that the husband of the defendant-respondent had not pre-deceased his father. It also found that the defendant-respondent had executed a deed by which she had agreed not to transfer her property in her lifetime and that after her death the property was to go to the brothers of her husband. However, the trial court held that the agreement being unregistered was inadmissible and thus did not confer any rights upon the plaintiff. The suit was accordingly dismissed. Feeling aggrieved the plaintiffs filed an appeal which has also been dismissed.

( 5 ) A bare perusal of the lower appellate courts judgment would show that the plaintiffs before the lower appellate court have not challenged the findings recorded by the trial court in respect of the question as to whether Madan Gir had pre-deceased Narottam Gir. Regarding the execution of the agreement a finding has been recorded in favour of the plaintiffs that the defendant-respondent did execute the agreement (Exhibit 2 ). The only question which was agitated before the lower appellate court was as to whether the agreement, Exhibit 2, was admissible in evidence or not.

( 6 ) SECTION 17 of the Indian Registration Act details tha instruments which require registration. Section 17 (b) of the Act provides:--

"other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property. "

( 7 ) THE learned counsel for the appellant has firstly urged that the Agreement (Ext. 2) amounts to a family settlement by which no interest in the property has been created in favour of any one and this does not require registration under Section 17 (b) of the Indian Registration Act. I am unable to accept the aforesaid contention raised by the learned counsel, A bare perusal of sub-section (b) of Section 17 of the Registration Act shows that other non-testamentary instruments which p