Mr. Prashant Kumar Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) Admissibility of a document dated 15.12.2000 styled as a writing, it being unregistered, is the core question to be addressed in this writ petition. Another issue to be considered and decided is whether right of way through and over the other land of defendant-respondent as claimed by the plaintiff-petitioners falls within the purview of 'collateral transaction' as provided under Proviso to Section 49 of the Registration Act (hereinafter referred to as the 'Act') and the document in question is admissible in evidence despite the fact that it is unregistered as required under Section 17 of the Act.
(3.) Brief relevant facts leading to filing of this writ petition are that plaintiff-petitioners filed a suit for permanent injunction with the averment that defendant-respondent sold land measuring 599 square yards to them and in respect of the said sale a writing dated 15.12.2000 on a stamp paper of the value of Rs. 100/- was executed by respondent in their favour and possession of the said land was also delivered and they are enjoying the same after constructing three houses over it. It was also averred that by way of the same document the respondent further agreed to provide them a nine feet wide way from his other land for the purpose of to have access to the land so sold to them. It was averred that initially respondent declined to provide way to them as per the agreement dated 15.12.2000, but ultimately a nine feet wide way provided by him to them and since then they were using the same without any hindrance by any person including the respondent and there was no other way available to them to have access to their aforesaid plot of land. It was further averred that on 26.5.2004 the respondent without any right illegally and in contravention of the said agreement to provide way for the use of petitioners started making hindrance and interference in the same and threatened to close it unless some more money is paid to him. It was prayed that a decree for permanent injunction restraining the respondent not to interfere in the use of the said land as a way be granted. The respondent filed written statement and denied all the material plaint averments and certain other objections were also raised. It is to be noted that land measuring 599 square yards was sold for a sole consideration of Rs. 1,07,820/- only. During the pendency of the suit, an application came to be filed by the respondent with a prayer that the document dated 15.12.2000 being unregistered is not admissible in evidence. In the reply to the application, it was averred that the document in question can be admitted in evidence for collateral purpose.;