V. VENKATESAN AND ORS. Vs. R. VENKATESAN

JUDGEMENT

(1.) THE plaintiff in the original suit is the petitioner in the present Civil Revision Petition filed under Article 227 of the Constitution of India. The original suit has been filed for permanent injunction against the respondent herein on the premise that the revision petitioner/plaintiff is in possession and enjoyment of the suit property, which admittedly belongs to the Government and that any person, other than the Government, cannot be allowed to interfere with and disturb the peaceful possession and enjoyment of the plaintiff/revision petitioner in respect of the suit property.

(2.) THE respondent /defendant, who also admits the property to be a poramboke land belonging to the Government, contends that it is he, who is in possession and enjoyment of the suit property, having got the same under a document dated 04.05.2000 from one Madurai S/o. Munusamy. The said document is an unregistered document titled as "Receipt". Contending that though the document was titled as "Receipt", in effect, what was sought to be done under the said document was transfer of the possessory right together with superstructure standing therein to the respondent herein/defendant and that hence, the same is inadmissible for want of registration. The revision petitioner /plaintiff raised an objection for marking the said document as an exhibit when it was sought to be marked on the side of the respondent herein/defendant.

(3.) THE learned trial Judge, who considered the objection overruled the objection and by an order dated 03.12.2011, held the said document to be admissible. The said order dated 03.12.2011 is made the subject matter of challenge in the present revision.