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TMI Blog1883 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... the same. In the event of a good title not being made out, the bargain-paper was to be null, and the earnest-money was to be returned. In Burjorji Cursetji Panthaki v. Muncherji Kuverji I.L.R. 5 Bom. 143, an unregistered document containing an agreement to sell, acknowledging receipt of earnest-money and providing for the execution of a deed of sale was held by West, J., to be one which, being unregistered, could not create or assign any interest in immoveable property. The only right created, by it was held to be one in personam,--a right to obtain another document which would, when executed, effect the desired purpose, if the execution were accompanied by registration. At the hearing, I followed this, the latest ruling of this Court; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olicitors, and that, if they should not approve of the title, the vendor should return the purchase-money, and pay all costs incurred in investigating the title. That case and the present are, therefore, similar; and Wilson, J., hold that if a document only entitled a person to a future right in immoveable property, it was not within Section 17 of Act III of 1877, and ruled that the document in question was admissible without registration, as there was something to be done under this agreement, namely, the payment of the purchase-money on one side, and the execution of the conveyance on the other 4. In an earlier case, Mark Currie v. S.V. Muttu Ramen 3 Beng. L.R. 126 --a case under Act XX, of I866, which contained no express provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he only question before the Privy Council was whether the unregistered agreement could be received in evidence under Act XX of 1866. The judgment pronounced by Sir James Colville contains the following passage: The Registration Act No. XX of 1866, recently passed in India, is extremely stringent, Their Lordships have, in the first place, no doubt whatever that the instrument in question is one which by Clause 2 of Section 17 of that Act is required to be registered; that it is an instrument acknowledging the payment of the consideration money for what was to be ultimately an absolute sale of the property in question, and what in equity would operate as a sale of the property. In the foot-note at p. 195 of the report of the case of Valaj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich, the Legislature had in view. In introducing the Bill, which was subsequently passed as Act III of 1877, Sir C. Hob-house explained that, under the proposed addition to Section 17, it would not be necessary to register an agreement to execute a conveyance of land. The agreement , he remarked, would give the owner of it no absolute right to the land; and if, before he got his conveyance, another person took a conveyance and registered it, acting honestly, the agreement would be displaced. And when certain amendments were moved, Mr. Cockerell said that the direct object of this provision was to save a person from having to register two deeds in relation to the same subject-matter, executed for the purpose of giving effect to a single ..... X X X X Extracts X X X X X X X X Extracts X X X X
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