RANGARAJ A SAKKARARAJ Vs. GURUVAMMAL

JUDGEMENT

(1.) THE petitioners filed a suit in O.S.No.200 of 1991 on the file of the learned Additional District Munsif, Sankarankoil seeking a decree for permanent injunction restraining the respondents not to put up any construction in the II item in plaint II schedule property, and to remove the construction put up in the plaint III schedule property and also to restore the drainage to the plaint IV scheduled property, by way of mandatory injunction. THE said suit was contested by the defendants 1 and 2 by filing written statement. In the course of evidence of P. W. 1 the unregistered agreement dated 27.9.1962 was sought to be marked and the same was objected by the respondents. So, the court below refused to mark the said document on the ground that the said document had not been registered. Aggrieved against the said order dated 23.9.1997, the petitioners have filed the above revision.

(2.) THE petitioners filed the suit based on the agreement dated 27.9.1962. According to the petitioners/ plaintiffs, the respondents had put up steps to reach the house and also constructed the drainage as mentioned in the agreement and they have been enjoying the same. It is not in dispute that the said agreement is not registered. It cannot also be disputed that the parties agreed to put steps and to have the drainage in the common path way, under the agreement. In the written statement the defendants have categorically stated that there was no such Panchayat as alleged by the petitioners and the said agreement is a concocted one. THE court below refused to receive the said document and mark the same only on the ground that the said document will come within the scope of Sec. 17 of the Registration Act and so it cannot be marked as an evidence for want of registration.

(3.) IN view of the above, the order of the court below dated 23.7.1997 in O.S.No.200 of 1991 cannot be sustained and the same is hereby set aside. The court below is directed to receive and mark the agreement dated 27.9.1962 and proceed with the suit in accordance with law. With the above observations, this revision is allowed. No costs, Consequently, C.M.P.No. 11101 of 1997 is closed.