1. This writ petition by defendant under Article 227 of the Constitution of India is directed against the order dated 28.7.2016 passed in Civil Suit No.40A/2015 by the trial Court. The application objecting to the admissibility of the agreement to sell dated 16.3.2015 for want of registration in view of section 17(1)(f) of the Registration Act, 1908 (For short, 1908 Act') under the Madhya Pradesh Amendment Act, 2009 (in section 17 of the Act) which reads as under:

17. Documents of which registration is compulsory - (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely : -

(f) any document which purports or operates to effect any contract for sale of any immovable property.”

has been rejected by the trial Court, on the premise that in the light of the proviso to section 49 of the 1908 Act, the unregistered agreement to sell can be looked into in a contract for agreement