S. KALADEVI versus V.R. SOMASUNDARAM AND ORS.

S. KALADEVI versus V.R. SOMASUNDARAM AND ORS.

The proviso to Section 49 of the Registration Act, 1908, allows an unregistered sale deed to be admitted as evidence of a contract in a suit for specific performance; therefore, the trial court erred in rejecting its admission and the High Court ought to have corrected this error.

Parties
Appellant: S. Kaladevi; Respondents: V.R. Somasundaram and Ors.
Jurisdiction
India
Judgment Date
12 April 2010
Procedural Posture
Civil Appeal / Supreme Court on Appeal From High Court Revision
Outcome
Appeal allowed
Legal Topics
Admissibility of Unregistered Sale Deed, Specific Performance, Collateral Transactions, Registration of Property Documents
Property Law Contract Law Evidence Law Specific Relief Admissibility of Unregistered Sale Deed Specific Performance Collateral Transactions Registration of Property Documents

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Parties

S. Kaladevi

Appellant

V.R. Somasundaram and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court on Appeal From High Court Revision

Legal Issues

  1. 1 Whether an unregistered sale deed is admissible in evidence in a suit for specific performance of contract

Ratio Decidendi

The proviso to Section 49 of the Registration Act, 1908, allows an unregistered sale deed to be admitted as evidence of a contract in a suit for specific performance; therefore, the trial court erred in rejecting its admission and the High Court ought to have corrected this error.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court dated 13.11.2008 and that of the trial court dated 11.12.2007 are set aside.
  • The trial court shall mark the unregistered sale deed dated 27.2.2006 tendered by the plaintiff in her evidence and proceed with the suit accordingly.