- (1.) A reference relating to the apparent conflict between two Single Bench judgments titled as Gurbachan Singh vs. Raghubir Singh, 2010(2) Punjab Law Reporter 511 and Birham Pal and others vs. Niranjan Singh and another, 2011 (2) Law Herald (Punjab and Haryana) 1136, has been placed before us. The questions that require to be answered are whether an unregistered agreement to sell, accompanied by delivery of possession or executed in favour of a person in possession, i.e. an agreement that envisages part performance, of an agreement to sell as envisaged by Section 53-A of the Transfer of Property Act, can be received in evidence as proof of the agreement and as a natural corollary whether a suit for specific performance would lie on the basis of such an unregistered agreement to sell.
(2.) A relevant extract from the reference order reads as follows:- "However, since there is a conflict regarding the legal position as to whether the suit for specific performance can be decreed on the basis of unregistered agreement to sell in view of Section 17(1A) of the Registration Act, 1908 and the other provisions referred to above, if the plaintiffs claim to be in possession in part performance of the agreement. Therefore, it would be appropriate, if the matter is referred to the Division Bench to decide the said issue of law."
(3.) Any answer to the questions posed, would necessarily require an appraisal of Section 17(1A) and 49 of the Registration Act, 1908 (hereinafter referred to as 'the 1908 Act') and Section 53A of the Transfer of Property Act, 1882 (hereinafter referred to as 'the 1882 Act') and the the opinion recorded in Gurbachan Singh vs. Raghubir Singh, 2010(2) Punjab Law Reporter 511 and Birham Pal and others vs. Niranjan Singh and another, 2011 (2) Law Herald (Punjab and Haryana) 1136, which are in apparent conflict.;