PUDI BALRAJU Vs. JALLU ANNAPOORNA

JUDGEMENT

(1.) The plaintiff in O.S. No.38 of 2000 on the file of the learned Junior Civil Judge, Narasannapeta is the petitioner in this Civil Revision Petition directed against the order dated 26th March, 2002 made in O.S. No.38 of 2000 by the learned Judge overruling the objection raised by the petitioner-plaintiff as to the admissibility of un-registered partition deed dated 19-1-1985 filed by the respondent defendant during the course of cross-examination of PW 1.

(2.) During the course of cross-examination of PW1, he was confronted with a document dated 19-1-1985. PW1 readily admitted his signature on the said document dated 19-1-1985. The counsel for the petitioner-plaintiff, however, raised an objection contending that the said document cannot be marked as the same is insufficiently stamped and is not registered. The learned Judge upon perusal of the recitals of the said document found the same to be a deed of partition. There is no dispute whatsoever that the said deed of partition, which is now sought to be marked by the respondent-defendant, is neither stamped properly nor registered.

(3.) The learned Judge, however, overruled the said objections and held that the said document, though unregistered, can be looked into for the limited purpose of establishing a severance in status though that severance would clearly affect the nature of possession. The learned Judge further found that the said document can be used for the limited and collateral purpose of showing the division of properties between the parties and accordingly held that the document dated 19-1-1985 is admissible for collateral purposes.