RASU Vs. PANDIDURAI

JUDGEMENT

(1.) THIS civil revision petition is directed against the fair and decretal order dated 13.10.1999 made in I.A.No.706 of 1999 in O.S.No.101 of 1997 by the Court of District Munsif, Manamadurai thereby dismissing the application filed underO.8, Rule 8(a)(2) and Sec.151, C.P.C. by the second defendant in the suit as the petitioner against the plaintiff.

(2.) THE said application has been filed on averments such as that in the whole of the suit property, on 27.12.1967, a separate portion has been given under sale deed to his younger brother Danasekaran who is in possession and enjoyment of the same now; that thereafter, the petitioner and his brother having held a partition of the properties on 15.8.1978, they are in enjoyment of the suit property, a portion of which are in their possession right from 27.12.1967 onwards; that they have been producing the document of title deed dated 27.12.1976 for collateral purposes paying the stamp duty penalty to the extent of Rs.550 in order to show that in accordance with this document, a portion of the suit property had been in their possession right from the said date and hence praying to accept the same, the petitioner has come forward to file the above application before the trial Court.

(3.) SO far as the lower Court is concerned, citing the judgment rendered in Ranganatha Gounder v. Perumal Nattur (1999)1 L.W. 656 and adhering to the same wherein it is held that since for such documents, registration is compulsory and if it is not registered, it need not be allowed to be marked, it would dismiss the application filed on the part of the petitioner. Aggrieved, the petitioner has filed this revision petition on certain grounds as brought forth in the grounds of revision.