Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Registration Act (XVI of 1908), Ss.49 & 50(1)---Transfer of Property Act (IV of 1882), S.53-A---Counter suits for declaration by the parties for the same (disputed) property---Petitioners instituted suit for declaration and cancellation of mutation, while respondent instituted suit for declaration---Suit of the petitioners was dismissed and that of respondent was decreed--Contention of respondent was that unregistered sale-deed/ contract was inadmissible in evidence and had no force at all---Contention of the petitioners was that on the touchstone of the provisions of S.50 of the Registration Act, 1908 and principle of equity as contained in S. 53-A of the Transfer of Property Act, 1882, petitioners being in possession of the suit property could claim over the suit property on the basis of unregistered sale-deed---Validity---Provisions of S. 50 of the Registration Act, 1908 and principle of equity as contained in S. 53-A of the Transfer of Property Act, 1882 in unequivocal terms conferred right upon any vendee, who had possession of the property in pursuance of contract for sale for consideration, which had been reduced into writing and signed by the vendor or any person on his behalf, which could be ascertained with reasonable certainty and the transferee was ready to perform or willing to perform his part of the contract, to retain possession over the immovable property, came into his shoes, through covenant of sale under the established principles of equity---First proviso to S. 50 of the Registration Act, 1908 clearly enumerated that a person who was in possession of the property under unregistered document prior to date, would be entitled to claim rights under S. 53-A of the Transfer of Property Act, 1882 provided that he fulfilled all the conditions laid down in the said section---Provisions contained in S. 49 of the Registration Act, 1908 were general in character and were excluded all kind of unregistered documents from consideration, so far the title or interest in any immovable property was concerned, but the proviso annexed to S.50 of the said Act, had made an exception and had saved…

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