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BHIKHARI versus RAJVEER & ANOTHER

High Court of Judicature at Allahabad

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Bhikhari v. Rajveer & Another - SECOND APPEAL No. 846 of 2006 [2006] RD-AH 17900 (18 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard the learned counsel for the appellant.

The learned counsel contends that the appellate court, while decreeing the suit of the plaintiff for correction of the sale-deed as well as the cancellation of the subsequent sale-deed executed by defendant No.1 in favour of defendant No. 2, has simply relied on the agreement of sale which is executed between the plaintiff and defendant No.1 and that document being unregistered was inadmissible in evidence and the findings so recorded is vitiated under law.

This suit is not a suit for specific performance of contract of the aforesaid agreement of sale. The lower appellate court has placed reliance upon the said document only for the purposes of proving certain facts alleged therein which relate to the actual controversy existing between the parties. Whether or not an unregistered agreement of sale can be relied upon as an admissible piece of evidence even for collateral purposes, is a question which needs answer from the side of the appellant. The learned counsel in this context requests for adjourning the case to some other date, so that he may prepare himself on the point.

List it on 01.11.2006 for admission.

18.10.2006

SUA/SA 846-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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