validity of unregistered document.

allurisivajiraju (Querist) 22 October 2008 This query is : Resolved
Respected Seniors,

Whether the Tenant file an injunction suit basing on the unregistered agreement deed ( i.e. 100/-. non judicial stamp paper ) for restaining the Land Lord for peacefull possession and enjoyment of the tenant with in lease period.

If it is possible please mention provision and citations for validity of the said unregistered and insufficient stamped lease agreement.

Thanking You Sir.

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Murali Krishna (Expert) 22 October 2008
A deed which is compulsorily registered under Sec 17 of registration Act, if not registered, it does not make the deed invalid. However, it cannot be used as a primary evidence. It could be used only as a corroborating evidence. In your case, I think that you can file an injunction suit.

kumar sachin (Expert) 22 October 2008
non registration does not make a document useless in the eye of law

K.C.Suresh (Expert) 23 October 2008
The execution is proved by registration. Unregistered has to prove the execution is denied. Penalty also has to pay according to state law & rules. It is not invalid. The tenent can proceed further with the agreement.

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