RAMA KRISHAN RAO Vs. P PENCHALAMMA

JUDGEMENT

(1.) In this revision the order passed by the Additional Judge, City Civil Court, Hyderabad in I.A. No. 982/1980 in O.S.No. 462/76 is assaited.

(2.) The 1st respondent-Plaintiff filed the Suit O.S.No. 462/1976 for recovery of Rs. 24, 764/- from the Estate of the deceased Srirangam Naidu who is the father of defendants 1 to 8 and the husband of the 9th defendant. The brother of the deceased gave evidence as P.W. 1 in the suit. He produced the document in question. The defendants raised objection against the admissibility of the document on the ground that the recitals in the document go to show that an extent of four acres of land was conveyed by the deceased to P.W, 1 with absolute rights and hence the document should be stamped and registered and it cannot be looked into even for colleteral purposes. It was contended on behalf of the plaintiff that the recitals in the document give the description of the property possessed by the family and the brother of the deceased has got title in respect of four acres of land and the document is filed only to show that the deceased admitted that he borrowed certain amounts from the plaintiff and the document is, therefore, not liable to be stamped or registered.

(3.) The learned Additional Judge, having gone through the contents of the document, came to the conclusion that the document is more or less in the nature of testamentary disposition and hence it does not require to be registered nor to be stamped. In support of his view, he relied upon several decisions. So holding, he over-ruled the objection.