S PADMAVATHI Vs. R SUBBATHAL

JUDGEMENT

(1.) Civil Revision Petition has been filed seeking for a direction in O.S.No. 2/2001 of the learned Additional District Judge (Fast Track Court No. IV), Coimbatore dated 11-6-2001. Heard both sides.

(2.) It is seen that when the third defendant was examined, an unregistered and unstamped release deed was sought to be marked through her. The same was objected to by the other side. In view of the fact that the said document is un-dated and unstamped, the Court below forwarded the same to the registering authority to ascertain the actual value of the property in question. It is seen that in the absence of date of the document and value of the same, the registering authority conveyed their inability to ascertain and comply with the direction of the Court. In such a circumstance, the Court below refused to mark the document, namely, release deed as a document on the side of the defendant. hence the present Revision.

(3.) There is no dispute that the matter in issue is covered by a Division Bench decision of this Court in Lakshmipathy, A.C. Vs. A.M. Chakrapani Reddiar, reported in 2001 (1) CTC 112. The Division Bench while considering similar situation in respect of unstamped and unregistered family arrangement, after referring to the relevant provisions and various decisions, has formulated the legal position to be followed. Among the guidelines, clause (ix) in para 42 of their judgement is relevant which is extracted hereunder: "42. (IX) A family arrangement which is not stamped and not registered cannot be looked into for any purpose in view of the specific bar in Section-35 of the Indian Stamp Act." In the light of the authoritative decision of the Division Bench of this Court and in view of the fact that the document in question is not stamped and not registered undated, it cannot be looked into for any purpose in view of the specific bar in Section 35 of the Indian Stamp Act. The objection raised by the Court below is sustainable and there is no error or infirmity for interference; accordingly the Revision fails and the same is dismissed. No costs. C.M.P.No. 16949/2002 is closed.