X enters into an (UNREGISTERED)agreement for sale of a flat with Y,with consideration as Rs.100000/-.
later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.
X destroys the original agreement for sale.
Y files a suit for specific performance for registration and possession,relying on the executed deed.
can X produce the xerox copy of the (unregistered)agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-.
can Y claim that the agreement for sale was invalid, or the deed of coveyance was the final valid document, or the agreement was mutually cancelled, or the deed of conveyance is an independent document which does not carry any burden or reference of the agreement for sale.
