AIR 2012 PUNJAB AND HARYANA 97 ::2012 (2) Har LR 51 ::2012 (3) ICC 201 ::2012 (2) Pun LR 241 ::(2012) 114 AllIndCas 467 (P&H)

Punjab And Haryana High Court

Hon'ble Judge(s): Nawab Singh , J

(A) Registration Act (16 of 1908) , S.17(1A), S.17(2v), S.49 Proviso— Transfer of Property Act (4 of 1882) , S.53A— Specific Relief Act (47 of 1963) , S.20— Unregistered agreement to sell - Admissibility - Suit for specific performance - Agreement to sell by itself does not create any right, title to property - It is sale-deed which when executed will create right, title and interest in property - Hence, agreement to sell is not required to be registered and same is admissible in evidence in suit for specific performance. Section 53-A of the T. P. Act before amendment recognized part performance of the contract even though the contract used to be unregistered and the transferee's rights to remain in possession was protected. By the Amendment Act No. 48 of 2001, the words "the contract though required to be registered, has not been registered, or" have been omitted from the provision. The effect of the amendment is that now if any person takes possession in pursuance to a contract which is required to be registered but has not been registered, the transferee has no right to remain in possession of the property. To give effect to this principle, S. 17(1A) has accordingly been inserted in the Act of 1908 which mandates that such contract is now required to be registered. If such a contract entered into after the amendment is not registered then as per S. 49 of ....