U MADAN GOPAL Vs. M SUDHAKAR

JUDGEMENT

(1.) This revision is directed against the order dated 31.12.2009 passed by the learned Senior Civil Judge, Wanaparthy, Mahaboobnagar District in I.A. No. 1011 of 2009 in O.S. No. 70 of 2007 whereby the petition filed under Section 151 CPC to adjudicate the admissibility of an agreement of sale dated 23.09.2002 was dismissed.

(2.) Facts in brief are that revision petitioner is the defendant in the suit before the court below. The suit is coming up for trial and the plaintiff who is the Respondent herein filed his Chief examination affidavit wherein certain documents are coming up for marking as Exs.A.1 to A.6. At that stage the revision Petitioner who is the defendant filed the above application stating that the suit document is not to be admitted in evidence because of its non registration as per law as the said document prescribes that the entire amount has been received and possession was also delivered and since it is still an unregistered document though stamp duty and penalty as required under Article 47 of the Act is paid on it. Hence the said Ex.A.1 is not to be admitted either in the capacity of sale deed or in the capacity of sale agreement in the suit even for collateral purpose.

(3.) The Respondent filed counter stating that the petition is not maintainable and that in view of the words 'delivery of possession' occurred in the document, stamp duty was collected by the authorities treating it as sale. Even then it is only a contract of sale but not a completed sale as alleged by the Petitioner. Further Section 17(1)(g) of Registration Act as substituted by A.P. Act No. 4 of 1999 is no way hurdle to receive the said document for the purpose of evidence of a contract, in view of the proviso to Section 49(c) of the Registration Act. Hence the Petition is devoid of any merit and the said document is to be marked as an exhibit and is to be admitted in evidence.