ABDUL MAJEED Vs. YADRAM SURESH

JUDGEMENT

(1.) The plaintiff, who is the petitioner herein, seeks to challenge the orders in LA. No.428 of 1999 in O.S. No.38 of 1994 dated 5-7-2000 on the file of the Junior Civil Judge, Tandur, Ranga Reddy District allowing an application filed by the respondents- defendants and holding that the document dated 25-8-1992 is admissible in evidence and does not require registration under Section 17 of the Registration Act.

(2.) During the course of the trial, the respondents-defendants sought to introduce the said document dated 25-8-1992 which is styled as a 'kararnama' executed on Rs.10.00 stamp paper in their favour and claimed that it falls under Article 5 or 6 of the Indian Stamp Act and does not require registration and, therefore, admissible. However, the petitioner- plaintiff objected that the said document is a release deed and falls under Article 46 of the Stamp Act and therefore, it is compulsorily registrable under Section 17 of the Registration Act and as such cannot be received in evidence.

(3.) On a consideration of the contents of the said document, the Court below treated the said document as an agreement mainly on the ground that in fact no right as such is sought to be transferred under the said document.