SANJEEVA REDDI Vs. JOHANPUTRA REDDI

JUDGEMENT

(1.) This revision is directed against the order of the subordinate Judge, Mahbubnagar admitting two documents, an unregistered sale deed and an unregistered adopted deed subject to the payment of stamp duty and penalty as required under proviso (a) to Section 35 of the Indian Stamp Act.

(2.) The fats as appear from the order of the subordinate Judge are these: The 2nd defendant in the suit (petitioner herein) wanted to press into service two documents, an unregistered sale deed and an unregistered adoption, deed to prove the signature of the plaintiff appearing either as a scribe or an executant as the case may be of the said sale deed or adoption deed. That was opposed by the plaintiff on the ground that the two documents are document chargeable with duty and inasmuch as they are unstamped, they cannot be admitted in evidence for any purpose under Section 35 of the Act. The case of the petitioner (2nd defendant) was that he is not seeking to use the documents for the purpose for which they were executed, but for an altogether different purpose to prove the signature of the plaintiff appearing in the will as an attestor and, therefore, the provisions of Section 35 are not attracted.

(3.) The learned subordinate Judge held that the two documents in question cannot be admitted in evidence for any purpose even if it be for the purpose of relying upon the signature found in those two documents and directed payment of stamp duty and penalty as levied by him on or before 18/03/1970 if they should be received in evidence.