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Baldev Acharya vs. Shiv Kumar Acharya & Ors.

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Registration Act, 1908–Secs. 17 & 49–Transfer of Property Act, 1882–Sec. 54–Evidence Act, 1872–Sec. 91–Admissibility of unregistered sale deed in a suit for declaration and permanent injunction–Suit is for declaration and permanent injunction and the documents which are the sale deed and agreement to the sale are not registered–These do not fall within the domain of collateral purpose because the transaction of the sale is not independent of, or divisible from the transaction for the purpose of which the documents were executed–Requirement of registration is mandatory–All kinds of impounding or payment of stamp duty would not credit any right in favour of the plaintiff–Further, the Section 91 of the Evidence Act has also no consequence as the presumptions therein are not for the documents of sale, but they are for any attestation–Impugned order up to the extent of allowing the admissibility of documents is liable to be quashed and set aside.