RAMALINGAM Vs. RAMACHANDRAN

JUDGEMENT

(1.) The petitioners are the plaintiffs in O.S.No.878 of 2004 on the file of the Additional District Munsif Court, Cuddalore. The respondent is the defendant therein.

(2.) The said suit was filed for declaration that the plaintiffs are vested remainder holders of the first item of the suit properties; to declare the title of the plaintiffs in respect of item Nos.2 to 4 of the suit properties; for permanent injunction restraining the defendant from interfering with the plaintiffs' peaceful possession and enjoyment of items 2 to 4 of the suit properties and for permanent injunction restraining the defendant from alienating the suit properties. In the said suit, the plaintiffs sought to mark the document dated 20.11.1999 claimed to be the family arrangement deed between the plaintiffs and the defendant.

(3.) The defendant filed I.A.No.1811 of 2009 to reject the said document on the reason that the same is a forged one, as the defendant had never executed the same and that the same cannot be marked for any purpose for want of registration. The said application was opposed by the plaintiffs by contending that it is only a family arrangement evidencing the agreement arrived at between the parties earlier and that the document does not create right or title in the suit properties, but only affirms the pre-existing right of the parties. The trial Court, after considering the rival submissions of the parties, allowed the application by holding that the document purports to create and extinguish right, title and interest over the immovable properties on the parties and it is not a family arrangement evidencing the agreement arrived at between the parties earlier, and therefore, the same ought to have been registered. Thus, the Court below found that the document having not been properly stamped and registered, the same is not admissible in evidence. Challenging the said order, the present Civil Revision Petition is filed by the plaintiffs.