Between THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1562 OF 2011 Dated:31-10-2014
Mohammed Shabbir Ahmad
AND
Mohd. Afzal Biyabani and another
... PETITIONER
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1562 OF 2011 ORDER:
The 1st respondent filed O.S No. 1783 of 2003 against the 2nd respondent and the petitioner for the relief of specific performance of agreement of sale dated 20-01-2001. In the course of recording of evidence, the petitioner raised an objection as to the admissibility of the document. The trial Court examined the same and passed docket order dated 09-02-2011 and required the 1st respondent to pay the deficit stamp duty and penalty. The petitioner challenges the said order. According to him, the agreement was required to be registered since there is a recital as to delivery of possession and that no direction was issued in that behalf.
Heard Sri M.A.K. Mukheed, learned counsel for the petitioner.
Admittedly, the suit is the one for specific performance of an agreement of sale. Assuming that an agreement, containing recital about delivery of possession is required to be registered, the facility under Section 49 of the Registration Act cannot be ignored. The said provision lays down that the agreements of sale can be received in evidence, even if they are not registered. The trial Court has taken the correct view of the matter.
The C.R.P is accordingly dismissed.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 31-10-2014 ks