Whether an Unregistered Agreement which Records Delivery of Possession is Admissible in Evidence [CASE LAW]
Agreement which records delivery of possession, but is not registered is inadmissible in evidence. The argument that the agreement being notarised and having been received in evidence without objection, its admissibility cannot be questioned, is no longer open for discussion in view of the observations by the Supreme Court. It is also settled that receiving a document in evidence and its admissibility under the Indian Stamp Act, 1899 and the Registration Act, 1908 are different matters. A document, which is not required to be stamped or registered stands on a different footing after the same was received in evidence, buta document which requires to be sufficiently stamped and registered before it is made admissible in evidence would not be made admissible in evidence merely because it is exhibited and received in evidence. For such document marking of exhibit is only for convenience and it does not decide the admissibility of the document. Holding it otherwise would make the provi...