K.S.RATHORE, J. - (1.) THE present writ petition is directed against the judgments passed by the Sub-Divisional Officer dated 18.3.1966, Revenue Appellate Authority dated 30.10.1990 and Board of Revenue dated 16.1.1995 in appeal and 18.3.1998 in revision.
(2.) LEARNED counsel for the petitioner submitted that in the writ petition filed by Sita Ram defendant, this court held as under : "That unregistered and unstamped document could be taken into evidence for collateral purposes only. Even if the unregistered and unstamped document which was denied by the petitioner is taken into evidence for collateral purposes, it does not create any title in favour of the defendant in view of Section 49 of the Registration Act. A suit for specific performance under Chapter II of the Specific Relief Act, or as evidence of part performance of a contact for the purposes of Section 53-A of the Transfer of Property Act or as evidence of any collateral transaction not required to be effected by registered instrument". Learned counsel for the petitioner also referred Section 17 of the Registration Act which says that non-testamentary instrument which purports or operates to create, declare whether in present or in future, any right, title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property shall be registered.
(3.) HE also referred Section 41 of the Rajasthan Tenancy Act, 1955 which says that the interest of a Khatedar shall be transferable otherwise than by way of sub-lease subject to the conditions specified in Sections 42 and 43. Section 44 of the Transfer of Property Act says that a sale of immovable property of the value of Rupees one hundred and above can only be made by registered sale-deed and under Section 49 of the Registration Act, an unregistered document effecting immovable property and required to be registered could be taken as evidence of part performance of a contract for the purposes of Section 53-A of the Transfer of Property Act.;