Law:

Section:

(a) Registration Act (XVI of 1908),S. 77---Suit to compel registration of document does not lie outside provisions of. A suit to compel the registration of a document does not lie outside the provisions of section 77 of the Registration Act. A suit, however, to compel the presentment of a document to the Registering officer may not be barred. (b) Specific Relief Act (I of 1877), S. 12----Sale-deed remain­ing unregistered-Suit for specific performance by vendee on basis of original contract competent-Registration Act (XVI of 1908), S. 77. When a vendor executes a deed of sale but it remains unregis­tered and the vendee sues for specific performance of the original contract the question that is to be considered is whether there is a subsisting contract for sale or not. If the contract be subsisting the vendee has a statutory right, subject to the provisions of the Specific Relief Act to have the contract performed. The suit cannot be defeated merely because the deed which was executed had not been registered. It will have to be decided on the facts of each case whether there is, still a subsisting contract and the suit cannot be barred by the mere fact that the document already executed remains unregistered. [Case law discussed]. (c) Specific Relief Act (I of 1877), S. 27----Notice----Possession is tantamount to notice of title of party in possession. There is abundant authority for the proposition that possession is tantamount to notice of title of the party in possession. He may have acquired possession under one title and may at the same time possess a document entitling him to have another interest trans­ferred. The person who purchases the property shall be deemed to have notice of all his rights. JUDGMENT KAIKAUS, J.----Inayat Ullah defendant-respondent is the owner of 6 kanals and 5 marlas of land for which he executed on the 7th July 1949, a sale deed in favour of Shah Muhammad, plaintiff-­appellant, who was already a mortgagee with possession of the land, for a consideration of Rs. 1,000, out of which Rs. 35 were paid, Rs. 565 were to be paid before the Sub-Registrar and the balance was to be kept by Shah Muhammad on account of his own previous mortgage.…

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