JUDGEMENT
Pushpendra Singh Bhati, J. -
(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:-
"i) impugned order dated 13.05.2016 (Annex.5) passed by the learned Civil Judge, Pindwara, District Sirohi in Civil Original Case No.26/2013 (Pahar Singh v. Jora Ram and Ors.) may kindly be quashed and set aside and the application filed by the respondents-defendants under Order 17 of Registration Act read with Section 54 of the Transfer of Property Act may kindly be ordered to be dismissed with costs and the unregistered written (sale-deed) may kindly be ordered to be exhibited and be treated as admissible in evidence.
ii) Any other writ order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the petitioner states that Section 17(p), which is an amendment in the Indian Registration Act cannot be applied retrospectively.
(3.) The totality of the controversy before this Court under Article 227 of the Constitution of India is that the learned court below has declined to take the unregistered sale deed on record on the ground that the same is not admissible in evidence, as per Section 17 of the Indian Registration Act and Section 54 of the Transfer of Property Act.;
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