KAPU ANASUYAMMA Vs. K MALLA REDDY

JUDGEMENT

(1.) The short issue that arise for consideration in this civil revision petition is whether the decision of the learned Junior Civil Judge, Rayadurg, Anantapur district, overruling the petitioner's objection for marking of unregistered partition deed dated 20-02-1994 suffers from any illegality.

(2.) The petitioner filed O. S. No. 43 of 2008 against the respondents for perpetual injunction. During the course of chief-examination of D. W. 1, he sought to mark an unregistered partition deed dated 20-02-1994. The petitioner raised an objection for marking the said document on the ground that the same is unregistered and insufficiently stamped partition deed, which cannot be admitted in evidence unless it is registered on proper stamp duty. The Court below has admitted the document into evidence as Ex. B-1.

(3.) The law is settled that an unregistered document which requires registration is admissible in evidence under Section 49 of the Indian Registration Act, 1908, for collateral purpose (see Chinnappareddigari Pedda Muthyalareddy v. Chinnappareddigari Venkatareddy and others, 1969 AIR(AP) 242 and Roshan Singh v. Zile Singh, 1988 AIR(SC) 881), whereas an unstamped or insufficiently stamped document cannot be admitted into evidence for any purpose including for collateral purpose in the face of bar under Section 35 of the Indian Stamp Act, 1899 [see Sanjeeva Reddi v. Johanputra Reddi, 1972 AIR(AP) 373 and Rachakonda Ramakoteswara Rao Vs Manohar Fuel Centre, Nereducherla, Khammam, 2003 2 ALD 638].