P NARAYANA RAO Vs. K VENU KUMARI

JUDGEMENT

(1.) This Revision is filed by the Plaintiff/Petitioner against the order of the lower court, dismissing the suit filed on the basis of an unregistered mortgage deed dated 1-8-1985, as not maintainable.

(2.) Plaintiff filed the suit on the basis of two mortgage deeds, one registered and the other dated 1-8-1985 unregistered. The unregistered mortgage document was impounded, as it is not stamped, and sent to the Collector for collection of stamp duty and penalty. The Collector, treating the document as a bond, collected the stamp duty and penalty and returned the same along with his certificate to the Court. When this document was tendered in evidence, an objection was taken, that it is not admissible in evidence as it is an unregistered mortgage deed. When this order was questioned in a revision, viz., CRP.No.436 of 1990, this Court by an Order dated 23-3-1990, disposed of the said revision petition, remitting the matter to the trial court for framing an additional issue regarding the maintainability of the suit on the unregistered mortgage deed, with a direction to decide the said issue as a preliminary issue. The lower Court held that the document, being an unregistered mortgage deed, is not admissible in evidence. hence, this revision petition.

(3.) The learned counsel for the Petitioner has made two submissions (i) the unregistered mortgage deed is admissible in evidence for the purpose of proving the fact of borrowing the money and the personal liability of the defendant to discharge the same; and (ii) the order of the Collector, levying stamp duty and penalty on document in question, trating it as a bond, cannot be reviewed by the Civil Court.