N.K. SURANA Vs. RAMU AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 10.09.2012 in I.A. No. 1432 of 2012 in O.S. No. 250 of 2009 passed by the learned Principal District Munsif, Tindivanam, in and by which, the application filed by the revision petitioner/second defendant to impound the unregistered sale deed, dated 05.09.1994 executed by Srinivasa Pillai in favour of the revision petitioner, for the purpose of paying stamp duty penalty, was dismissed.

(2.) Learned counsel for the revision petitioner/D2 contended that the lower Court failed to see that the above said unregistered sale deed, dated 05.09.1994 was sought to be impounded for paying stamp duty and penalty and the lower Court simply decided the case with regard to the admissibility of the document. He further contended that the Court below dismissed the application for impounding the document on the ground that the document cannot be received in evidence even for collateral purpose, unless it is duly stamped or penalty is paid under Sec. 35 of the Indian Stamp Act. He further submitted that the Court below failed to notice that the application for impounding the document was filed to pay the stamp duty and penalty, and the said application was erroneously dismissed by the lower Court. He therefore prayed that the Civil Revision Petition may be allowed. In support of his submissions, learned counsel for the revision petitioner/D2 relied on the following decisions:

(3.) Learned counsel for the respondents/plaintiffs contended that after appreciating the arguments of both sides and relying upon the relevant provisions of law, the trial Court dismissed the application, and therefore, he prayed that the Civil Revision Petition may be dismissed. In support of his submissions, learned counsel for the respondents/plaintiffs relied on the decision of a Division Bench of this Court reported in : 2001 (1) LW 257 (Lakshmipathy A.C. v/s. A.M. Chakrapani Reddiar and others), wherein, the Division Bench observed as follows: