… Devi v.B.R Sunderam, 2010 SAR (Civil) 437, with the pursuit of a specific benefit.16. The C… The second remedy is a motion to find that the defendants are required to execute a declaration of sale in favour of the applicant for an unregord sale agreement of 22.12.200924. In my… the alleged sale agreement of 22.12.2009 is certainly an unreged agreement.5 The legal counsel`s dispute for the revisionist is that a legal action on the basis of an unregant agreement … “11. The main provision of Section 49 provides that any document that must be registered if it is not registered will not affect any property contained in it and that this document will not be considered evidence of a transaction relating to that property. Proviso would, however, demonstrate that an unregord document, which relates to real estate and is required to register under the 1908 Act or the Transfer of Ownership Act of 1882, may be received as proof of the contract in a lawsuit for a specified benefit or as evidence of a guarantee that should not be made with the registered deed. Provided that an unregistered sale benefit of a property worth 100/plus can be admitted as proof of a contract in a legal action for the practical performance of the contract.
Such an unreged deed of sale may also be admitted as evidence of a guarantee that should not be carried out through a registered document. Where an unregant deed of sale is not proposed as evidence of a completed sale, but as evidence of an oral sale agreement, the deed may be considered as evidence that it will only be received as evidence of a verbal sale agreement, in accordance with Section 49 of the 1908 Act. The question is whether an unregant agreement on the sale acquired through the measure or executed for the benefit of a person in possession, i.e. an agreement providing for a partial benefit, a recourse to a sale agreement pursuant to Article 53A tPA, can be obtained as proof of the agreement and whether a legal action for a specified benefit would be based on such an unregant sale agreement. The purpose of Section 53A of the TPA gives the defendant the right to protect his property from the vector.