JAYABALAN Vs. NATESAN

JUDGEMENT

(1.) SHORT point falling for consideration is whether an unregistered and unstamped document termed "inam Sasanam" is admissible in evidence.

(2.) THIS revision arises on the following facts: - 2. 1. The subject matter of the suit in O. S. No. 477/1995 is r. S. No. 136/1a and R. S. No. 137/10a " Mela Perumpallam Village. Case of the plaintiff is that one Ponnusami had conveyed the entire extent available in both Survey Numbers to one Sellappan on 20. 12. 1933. From that Sellappan, plaintiff's father purchased the properties on 04. 02. 1934. In the family partition of Plaintiff's effected on 08. 08. 1980, Plaintiff was allotted the said property in R. S. No. 136/1a and R. S. No. 137/10a. 2. 2. The first Defendant is working as Village administrative Officer. The second Defendant is his wife. Defendants claim to have purchased an extent of two cents in R. S. No. 136/1a and three cents in r. S. No. 137/10a from one Govindammal, wife of Ponnusami. Alleging that the first defendant being Village Administrative Officer has maneuvered sub-division and committed trespass, Plaintiff has filed the suit for declaration and for delivery of possession. 2. 3. During trial, Defendants produced document in question dated 05. 09. 1932, which is termed as "inam Sasanam" by ponnusami in favour of Kumarasami [who is stated to be grandfather of the first defendant]. Under the document, Ponnusami is stated to have conveyed two cents in S. Nos. 136/1 and three cents in S. No. 137/1. The document is unregistered and unstamped. Referring to the recitals in the document, the learned District munsif declined to admit the document observing that document unstamped and unregistered cannot be marked, nor can it be sent to the Revenue Divisional officer for stamp duty.

(3.) SECTION 17 (1) (b) of the Registration Act lays down, among other things that all non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, any right, title or interest, must be compulsorily registered. Under SECTION 49 (c) of the registration Act, a document which is required to be compulsorily registered under SECTION 17 shall not be received as evidence of any transaction affecting such property or conferring such power.