PRAKASH SHRIVASTAVA, J.

1. This writ petition under Article 227 of the Constitution of India is at the instance of the plaintiffs in the suit challenging the order of the trial Court dated 8-5-2014, whereby the trial Court has allowed the respondent's application and has held that since agreement to sale is not registered therefore, it is not admissible in evidence. In brief, the petitioners have filed suit for specific performance and for possession raising the plea that respondents had agreed to sale the suit property to petitioners and had received the part consideration on 19-1-2011 and on 25-1-2011 sale agreement was executed and further part consideration amount was paid. The respondents had filed an application under section 17 of Indian Registration Act (for short Act) read with section 49 on the ground that since the sale agreement is not registered, therefore, it is not admissible in evidence and the trial Court while allowing the respondent's application has taken the view that sale agreement being unregistered is inadmissible in evidence.

2. Learned counsel for petitioners submits that the sale agreement is admissible in evidence in terms of proviso to section 49 o