unregistered agreement of sale could be marked as evidence could be taken as a preliminary issue

2022-1-L.W. 688

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Order reserved: 25.01.2022 Order pronounced: 01.02.2022 C.R.P.(MD) No.1877 of 2017 and

C.M.P.(MD) No.9778 of 2017

P.T.Asha, J.

Kasthuri

VS

R.Hemalatha

PRAYER:- This Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 04.04.2017 made in I.A.No.159 of 2017 in O.S.No.199 of 2014 on the file of the learned 3rd Additional District Judge, Trichy.

Registration act, Section 17(1)(a), (g), 17(2)(v), section 49, proviso (Tamilnadu amendment act 29 of 2012)

Transfer of property act, Section 54, sale Specific performance/Unregistered sale agreement

In a suit for specific performance whether an unregistered agreement of sale could be marked as evidence could be taken as a preliminary issue

The learned 3rd additional district Judge, Trichy concluded that the agreement of sale was sought to be marked to establish the