B. GOWRI Vs. S. PADMAVATHY AND ORS.

JUDGEMENT

(1.) According to the petitioner, the petitioner has filed a suit in O.S.No.7 of 2008 against the first respondent for recovery of sum of Rs. 3,41,000/- along with interest from the date of plaint till realisation. In the aforesaid suit, the defendant/first respondent herein has filed a memo praying the court below to reject the unregistered sale deed, dated 21.2.2007 and not to mark the said document as exhibit. The trial court erroneously allowed the memo. Challenging the said order, the petitioner has filed the present Civil revision petition before this Court.

(2.) According to the learned counsel for the petitioner, the document sought to be relied upon by the petitioner is unregistered sale deed, dated 21.2.2007 and the same has to be marked only for the collateral purpose. The learned counsel for the petitioner relied on the decision of this Court in Solai v. Periyakaruppan [(2015) 1 L.W.134] wherein Madurai Bench of this Court has held as under:

(3.) Per contra, the learned counsel for the respondent would submit that in the light of the decision of this Court in Lakshmipathy and Another v. A.K.Chakrapani Reddiar [2001 (1) MLJ 1] unregistered, unstamped document cannot be relied upon by the petitioner. Therefore, the petitioner cannot mark the sale deed, dated 21.2.2007. The court below has rightly dismissed the application. Therefore, the Civil revision petition is liable to be set aside.