MANDHRI GOUNDER Vs. DURAI GOUNDER (DIED)

JUDGEMENT

(1.) The plaintiff is the revision petitioner in the above Civil Revision Petition which has been filed challenging the order dated 28.07.2009 of the District Munsif, Polur, in I.A.No.321 of 2009 in O.S.No.164 of 1999 in and by which the learned Judge has dismissed the application filed by the revision petitioner to reject Ex.B5 Sale deed on the ground that the same is not stamped as per Section 35 of the Indian Stamp Act and hit by the provisions of Section 17 of the Registration Act.

(2.) The facts in a nutshell required for considering this revision is narrated herein below:

(3.) Heard Mr.A.Rajendiran for the petitioner. Though notice was issued to the respondents, none appeared for them. The counsel for the petitioner would submit that the document was a sale deed in which handing over of the sale consideration and the possession was narrated and since the document creates a right over the property it has to comply with the provisions of Section 35 of the Stamp Act and Section 17 of the Registration Act. He would in support of his arguments provide the following decisions:-