ARUMUGAM Vs. A. DURAIRAJ

JUDGEMENT

(1.) This revision petition has been filed against the order made in unnumbered I.A.S.R.No.1995 of 2017 in O.S.No.42 of 2015 dated 20.03.2017 on the file of the Principal District Munsif Court cum Judicial Magistrate No.1, Srivilliputhur.

(2.) The revision petitioner is the 1st defendant in the above suit and the respondents are plaintiffs. The plaintiff's filed the suit against the revision petitioner and one Sundarambal for declaration that plaint 1st and 2nd schedule properties are belonged to the plaintiffs and for permanent injunction against the defendants not to interfere with their peaceful possession and enjoyment over the suit property and for mandatory injunction. Pending suit, the revision petitioner filed the present unnumbered I.A.S.R.No.1995 of 2017 with a prayer that the plaintiffs should not be permitted to mark the unregistered partition deed dated 04.07.1966 for collateral purpose. The said application was dismissed by the Court below by order dated 20.03.2017, against which, this revision petition has been filed by the 1st defendant.

(3.) Learned counsel for the revision petitioner would contend that since the plaintiffs claim title through the alleged unregistered partition deed, the same should not be permitted to be marked. It is settled law that unregistered partition deed cannot be marked even for collateral purpose and when such document creates right, title and interest over the immovable properties on the parties to the document on the date of execution, it cannot be looked into without registration. However, the Court below erroneously held that the alleged unregistered partition deed can be marked for collateral purpose after paying stamp duty with penalty under Section 35(a) of the Indian Stamp Act. Therefore, the said order is liable to be set aside. In support of his contentions, learned counsel relied on the following judgments:-