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Sunday, January 6, 2013

Section 49 of the Indian Registration Act, 1908,& Section 35 of the Indian Stamp Act, 1899 = The law is settled that an unregistered document which requires registration is admissible in evidence under Section 49 of the Indian Registration Act, 1908, for collateral purpose (see Chinnappareddigari Pedda Muthyalareddy v. Chinnappareddigari Venkatareddy and others1 and Roshan Singh v. Zile Singh2), whereas an unstamped or insufficiently stamped document cannot be admitted into evidence for any purpose including for collateral purpose in the face of bar under Section 35 of the Indian Stamp Act, 1899 [see Sanjeeva Reddi v. Johanputra Reddi3 and Rachakonda Ramakoteswara Rao Vs Manohar Fuel Centre, Nereducherla, Khammam4].


HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY        

Civil Revision Petition No.4559 of 2011

25-01-2012

Kapu Anasuyamma,Anantapur district  

K.Malla Reddy and 2 others, Anantapur district

Counsel for the petitioner:     Sri Naresh Kumar Gundapu  
for Sri Nimmagadda Satyanarayana
       
Counsel for the respondents:Sri Chetluru Srinivas

? Cases referred:
1. AIR 1969 AP 242
2. AIR 1988 SC 881
3. AIR 1972 AP 373
4. 2003 (2) ALD 638
5. 2010 (6) ALD 4

Order:

        The short issue that arise for consideration in this civil revision
petition is
whether the decision of the learned Junior Civil Judge, Rayadurg,
Anantapur district, overruling the petitioner's objection for marking of
unregistered partition deed dated 20-02-1994 suffers from any illegality.

2. The petitioner filed O.S.No.43 of 2008 against the respondents for perpetual
injunction.  During the course of chief-examination of D.W.1, he sought to mark an unregistered partition deed dated 20-02-1994.  The petitioner raised an
objection for marking the said document on the ground that the same is
unregistered and insufficiently stamped partition deed, which cannot be admitted
in evidence unless it is registered on proper stamp duty.  The Court below has
admitted the document into evidence as Ex.B-1.

3. The law is settled that an unregistered document which requires registration
is admissible in evidence under Section 49 of the Indian Registration Act, 1908,
for collateral purpose
(see Chinnappareddigari Pedda Muthyalareddy v. Chinnappareddigari Venkatareddy  
and others1 and Roshan Singh v. Zile Singh2), 
whereas an unstamped or 
insufficiently stamped document cannot be admitted into evidence for any purpose
including for collateral purpose in the face of bar under Section 35 of the
Indian Stamp Act, 1899 [see Sanjeeva Reddi v. Johanputra Reddi3 and Rachakonda   
Ramakoteswara Rao Vs Manohar Fuel Centre, Nereducherla, Khammam4].       

4. In the instant case, the Court below has proceeded on the premise that the
document sought to be marked is an unregistered and insufficiently stamped
partition deed.  However, it misdirected itself in thinking that such a document
can be marked in evidence for collateral purpose by placing reliance on the
judgment of this Court in Guntupalli Venkata Ramaiah Vs Guntupalli Purnachandra
Rao5.

5. From a perusal of the judgment in Guntupalli Venkata Ramaiah (supra), it is
evident that the case before this Court arose in a suit for partition, wherein
this Court has held that the two documents which were in dispute can be looked into for a collateral purpose in spite of non-registration of the documents, 
if the stamp duty and penalty is paid.

6. Without proper comprehension of the said judgment, the Court below has marked 
the document in evidence even without ordering payment of proper stamp duty.  In
this view of the matter, the order of the Court below is reversed.  The
respondents are given liberty to pay proper stamp duty and penalty and resubmit
the same in evidence thereafter.  On payment of such stamp duty and penalty, the
Court below shall mark the same into evidence.

7. Subject to the above directions, the civil revision petition is allowed.  No
costs.
8. As a sequel to the disposal of the civil revision petition, C.R.P.M.P.No.6476
of 2011 is dismissed.

                ____________________________    
C.V.NAGARJUNA REDDY, J.    
25th January, 2012

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