Property lawRegistration actSupreme Court of India

S Kaladevi v VR Somasundaram

(2010) 5 SCC 401; AIR 2010 SC 1654; 2010 INSC 20520101 min read
The case in brief30-second read
Facts
The plaintiff sued for specific performance and tendered an unregistered sale deed dated 27 Feb 2006 in evidence. The trial court refused to admit it, and the Madras High Court agreed.
Issue
Can an unregistered sale deed be admitted in evidence in a suit for specific performance?
Held
Yes. The proviso to S.49 of the Registration Act, 1908 lets an unregistered document that needs registration be received as evidence of a contract in a suit for specific performance, or of a collateral transaction that needs no registered instrument.
Principle
Under the proviso to S.49 Registration Act, an unregistered sale deed may be received in a suit for specific performance as evidence of the contract, or of a collateral transaction, though not as proof of a completed sale.
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Facts

  • The plaintiff sued for specific performance and tendered an unregistered sale deed dated 27 Feb 2006 in evidence.
  • The trial court refused to admit it, and the Madras High Court agreed.

Issue

  1. Can an unregistered sale deed be admitted in evidence in a suit for specific performance?

Held

  • Yes. The proviso to S.49 of the Registration Act, 1908 lets an unregistered document that needs registration be received as evidence of a contract in a suit for specific performance, or of a collateral transaction that needs no registered instrument.
  • The deed is received not as proof of a completed sale but as evidence of the agreement of sale, with an endorsement to that effect.
  • The appeal was allowed and the trial court was told to mark the deed.

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Citation

S Kaladevi v VR Somasundaram (2010) 5 SCC 401; AIR 2010 SC 1654; 2010 INSC 205

Reported: Indian Kanoon doc 1243568; Digital SCR [2010] 4 SCR 515. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.