VEERASANGAYYA GADIGAYYA MULIMATH Vs. VEERUPAKSHAYYA IRAYYA GANACHARI

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The suit in O.S.No.23/2011 had been filed seeking for declaration that the plaintiff is the absolute and exclusive owner of the suit schedule 'B' property and alternatively for partition and separate possession of the properties.

(3.) In the said suit, the defendants had sought to mark a document styled as Hakkubidugade Patra dtd. 1/10/1983, which is in the nature of a release deed. The said document came to be impounded. The necessary stamp duty and penalty levied thereon. Subsequently, while marking the document, objections were raised by the plaintiff on the ground that the said document is a compulsorily registrable document in terms of Sec. 17 of the Indian Registration Act, 1908 (hereinafter referred to as 'the Act', for brevity) and not having been registered, the same could not be marked even for collateral purposes.