KURIAKOSE Vs. MARIAM

JUDGEMENT

(1.) The revision petitioner is the B Party in a S.145 proceedings initiated by the Executive First Class Magistrate of Muvattupuzha. In proof of his possession of the property in dispute the B. Party produced a copy of a gift deed. The original was unregistered and so objection was raised to the admissibility of the document. The learned Magistrate upheld the objection and this petition is filed to quash the order. The short question that arises for decision is whether the document could be admitted in evidence.

(2.) S.17 of the Indian Registration Act (Act XVI of 1908) enjoins that instruments of gift of immovable property should be registered.

(3.) It was pointed out in Bai Gulabbai v. Dattagarji (9 Bom. L.R. 393) that collateral purpose is any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property.