SAROJA Vs. M ARUNACHALAM

JUDGEMENT

(1.) THIS Revision is directed against the Order of District Munsif, Tiruchirappalli made in the course of examination of DW-1 in O.S.No.2028 of 1991 (dated 25.07.203) declining to admit the unregistered Sale Deed. The Defendant is the Revision Petitioner.

(2.) RELEVANT facts for disposal of this Revision Petition could briefly be stated thus:

(3.) PLACING reliance upon the Proviso to Section 49 of the Registration Act, learned counsel for the Revision Petitioner/Defendant has contended that the document though being unregistered can be received in evidence for the collateral purpose to ascertain the nature of possession of the Defendant. PLACING reliance upon 2003(4) SCC page 161 (Bondar Singh V. Nihal Singh) it is contended that the un-stamped and unregistered Sale Deed though may not convey title to the vendee, it can be looked into for collateral purpose to ascertain the nature of possession of Defendant's vendor.