GUNTUPALLI VENKATA RAMAIAH Vs. GUNTUPALLI PURNACHANDRA RAO

JUDGEMENT

(1.) The civil revision petition is directed against the order in I.A. No. 701 of 2006 in O.S. No. 1598 of 2005 on the file of the II Additional Junior Civil Judge, Guntur, dated 05-01-2007.

(2.) In the suit for partition, the documents dated 05-03-1993, written on stamp papers of the value of Rs 10/-, which were unregistered, were sought to be tendered in evidence and the Defendants claimed the same to be partition lists, which need not be registered. They claimed that they partitioned the properties long back and are in possession since long since much prior to the documents dated 05-03-1993 and even registered gift deeds were executed in respect of some properties obtained in earlier partition. The Plaintiff on the other hand claimed the documents to be partition deeds and not partition lists and hence, they are liable for required stamp duty and penalty and are also compulsorily registerable.

(3.) This conflict raised in I.A. No. 701 of 2006 was resolved by the trial Court by the impugned order against the Defendants by holding that the crucial documents dated 05-03-1993 show by their recitals that properties were partitioned by metes and bounds and were allotted to the sharers under the documents. Consequently, as the division and consequential possession were under the documents, the trial Court concluded that the documents cannot be called as partition lists and have to be considered as partition deeds. In coming to such conclusion, the trial Court referred to various precedents cited before it and found that the documents liable for stamp duty and penalty and registration, are inadmissible and shall not be marked by the Defendants.