KAUSALYA AMMAL Vs. VALLIAMMAL AMMAL AND ANR.

JUDGEMENT

(1.) The above revision petition has been preferred against the order of the District Munsif, Cuddalore refusing to admit the unregistered lease executed by the respondents in favour of the petitioner as a documentary evidence. The petitioner sought to rely on the document to prove his character of possession which was collateral purpose of the terms of the lease deed. According to the petitioner, he was not relying on the document for proof of any terms in the document itself.

(2.) The District Munsif rejected the said application on the ground that the document is an unregistered one and, therefore, a document which is not registered under the provisions of Sec. 49 of the Registration Act could not be admitted as additional document.

(3.) I have heard Mr. Kannan and Mrs. Hema Sampath for the respective parties. According to Mr. Kannan the document of unregistered lease deed is not totally inadmissible and that it is admissible for proof of collateral purpose. Referring to Sec. 49 of the Registration Act, he submitted that the said section does not bar reception of an unregistered document in evidence. Mr. Kannan in support of his contention cited the following decisions :