K R SUBRAHMANYAM Vs. A RAJA REDDY

JUDGEMENT

(1.) This revision petition is filed against the order passed by the learned Principal Junior Civil Judge, Tirupathi in O.S. No.181 of 1997 dated 4-3-2001 admitting the document dated 29-10-1973 in evidence for collateral purposes.

(2.) The petitioners are the defendants. The respondent filed a suit for permanent injunction in respect of the suit schedule property. However, during the course of evidence of the plaintiff, he tried to introduce the document dated 29-10-1973 which is styled as "Bhoomi Vikrayaswadheenapatram". An objection was taken by the defendants on the ground that it is a compulsorily registrable document and therefore the document cannot be admitted in evidence. The objection was overruled by the impugned order against which the present revision is filed.

(3.) The learned counsel for the petitioners submitted that the order of the Court below is wholly erroneous inasmuch the relief itself is being claimed on the ground that there was a sale deed dated 29-10-1973 and that document could not be received in evidence as it was not registered. The said document being compulsorily registrable document under Sec. 17 of the Registration Act, the same ought to have been rejected. The learned counsel tried to rely on the decisions of this Court reported in A. Parvathi v. P. Chanti1, Banguru Ramathulasamma v. Yedem Masthan Reddy2, Hussain Begum v. Madu Ranga Rao3 and the decision of the Patna High Court in Habibur Rahman v. Tetri4 and submits that the impugned order is liable to be set aside.