ALWANPALLY ASHANNA Vs. K NARASIMHA CHARY

JUDGEMENT

(1.) This revision is directed against the order dated 10.02.2010 passed in I.A.No.1398 of 2009 in O.S.No.90 of 2003 on the file of the Senior Civil Judge at Mahabubnagar, whereby and whereunder, the learned Senior Civil Judge dismissed the application filed by defendant No.13 under Section 31 of the Stamp Act.

(2.) The respondent is the plaintiff in O.S.No.90 of 2003. He filed the suit for declaration of title, recovery of possession, cancellation of registered sale deed and for mesne profits against the defendants numbering fourteen. The defendants filed written statement resisting the claim of the plaintiff. Defendant No.13 claimed possession over the property pursuant to private sale deed dated 26.5.1978. The trial has been commenced in the suit. When the 13th defendant sought to mark private sale deed dated 26.5.1978, the plaintiff is stated to have raised an objection for marking the document as the same is not properly stamped. Thereupon, the 13th defendant filed I.A.No.1398 of 2009 under Section 31 of the Stamp Act to send the original private sale deed dated 26.5.1978 to the District Collector for impounding the same. The plaintiff filed counter resisting the application. It is pleaded in the counter that the sale deed is not a genuine one and it is fabricated one and therefore, the same is not required to be sent to District Collector for impounding.

(3.) The learned Senior Civil Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the document sought to be sent for impounding is a sale deed and as the same is not registered, and therefore, it is not required to be sent for impounding and thereby, proceeded to dismiss the petition, by order dated 10.02.2010. For better appreciation, I may refer paras (8) and (9) of the order passed by the learned Senior Civil Judge, which reads as hereunder:-