IDAMAKANTI ANANTHAMMA Vs. IDAMAKANTI RAMANAMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dt 5-7-2002 made in O.S.No.71 of 1996 on the file of the Senior Civil Judge, Markapur.

(2.) The order under challenge is to the effect that the document, which was sought to be marked was in the nature of a relinquishment deed and hence the same is attracted by the provisions of the Indian Stamp Act and also required to be registered.

(3.) The facts in brief are that the respondent-plaintiff filed the suit O.S.No.71 of 1996 against her daughter-in-law and granddaughter for partition of the plaint schedule landed properties and also house property by claiming half share in the said properties. Originally the plaintiff filed O.S.No.2 of 1994 for partition of the properties against her son Sivakasi Reddy. During the pendency of the suit it appears that there was some compromise and pursuant to the said compromise the deceased mother relinquished her rights in favour of the defendant (son) in the said suit and the suit was withdrawn as settled out of Court. Subsequently, the son died. After the death of the son the mother again filed the present suit O.S.No. 71 of 1996 against the daughter-in-law and granddaughter, who is a minor on the date of the filing of the suit. During trial, the defendant wanted to press into service the document on which basis the earlier suit was dismissed as withdrawn, and also to show that there was a settlement between the deceased son and the deceased plaintiff. When the witness on behalf of the plaintiff was confronted with this present disputed document, an objection was taken by the plaintiff as regards its admissibility. The controversy is that according to the plaintiff the said document is a relinquishment deed but not a deed of conveyance. Upon such objection the trial Court considered the issue and held that the said document is a deed of relinquishment, but not a conveyance. As the said document is held to be a relinquishment deed, the trial Court came to the conclusion that the document is inadmissible.