Unregistered Agreement To Sell Being In Contravention Of Registration Act Can’t Be Accepted For Establishing Possession Of Property: P&H High Court

[07 June 2022] The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party. The observation was made by Justice Alka Sarin while dealing with a revision petition filed by the Plaintiff-petitioners, claiming possession of the suit property on the basis of a recital in an unregistered agreement to sell. “The agreement to sell dated 03.09.2015 is also an unregistered document whereunder possession was purportedly handed over to the plaintiff-petitioners. Such an unregistered document cannot be accepted being in contravention of the provisions of the Registration Act, 1908. In the absence of any document showing the possession of the plaintiff-petitioners, this Court does not find any illegality or infirmity in the orders passed by the Courts below,” the Bench said.