R. HEMALATHA versus KASHTHURI

R. HEMALATHA versus KASHTHURI

The proviso to Section 49 of the Registration Act permits the unregistered Agreement to Sell to be received in evidence in a suit for specific performance and, since the agreement in this case was not shown to fall under Section 17(1A), the High Court correctly directed that the unregistered agreement be admitted; the Supreme Court dismissed the appeal.

Parties
Appellant: R. Hemalatha; Respondent: Kasthuri
Jurisdiction
India
Judgment Date
10 April 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment of the High Court of Judicature at Madras (madurai)
Outcome
Appeal dismissed; High Court order upheld
Legal Topics
Specific Performance, Admissibility of Unregistered Agreement to Sell, Proviso to Section 49 of Registration Act, Effect of Section 17(1)(g) and Interaction With Section 17(1 A)
Registration Act, 1908 Specific Relief Act, 1877 Transfer of Property Act, 1882 Registration (tamil Nadu Amendment) Act, 2012 Specific Performance Admissibility of Unregistered Agreement to Sell Proviso to Section 49 of Registration Act Effect of Section 17(1)(g) and Interaction With Section 17(1 A)

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Parties

R. Hemalatha

Appellant

Kasthuri

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment of the High Court of Judicature at Madras (madurai)

Legal Issues

  1. 1 Whether Section 17(1)(g) of the Registration Act (as inserted by the Tamil Nadu Amendment Act, 2012) renders unregistered agreements to sell inadmissible in evidence
  2. 2 Whether the proviso to Section 49 of the Registration Act permits admission of an unregistered document as evidence of a contract in a suit for specific performance
  3. 3 How Section 49 proviso interacts with Section 17(1A) of the Registration Act

Ratio Decidendi

The proviso to Section 49 of the Registration Act permits the unregistered Agreement to Sell to be received in evidence in a suit for specific performance and, since the agreement in this case was not shown to fall under Section 17(1A), the High Court correctly directed that the unregistered agreement be admitted; the Supreme Court dismissed the appeal.

Court Disposition

Appeal dismissed; High Court order upheld

Orders

  • Appeal dismissed
  • Order of the High Court dated 01.02.2022 directing that the unregistered Agreement to Sell be received in evidence in the suit for specific performance is upheld