VENGALAPUDI MANGA Vs. PALURI KANNABBAI

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S. No. 179 of 2008 on the file of the Court of the Principal Junior Civil Judge, Yellamanchili. The said suit is filed against the respondents herein/defendants seeking a decree for declaration of title in respect of the suit schedule property and for consequential relief of permanent injunction. The defendants filed written statement contesting the suit claim. During his evidence, the plaintiff sought to mark the original sale deed dated 11.04.1973 under which he claims to have purchased the suit property. The defendants raised an objection as to the admissibility of the said sale deed on the ground that it is an unregistered document. The Court below by order dated 22.6.2012 held that the unregistered sale deed dated 11.4.1973 is inadmissible in evidence. Aggrieved by the said order, the present civil revision petition is filed. I have heard the learned counsel for both the parties and perused the material available on record.

(2.) Admittedly the sale deed dated 11.4.1973 under which the suit schedule property is stated to have been purchased by the plaintiff for a consideration of Rs. 500/- is an unregistered document. As per Section 17 of the Registration Act, the document transferring any right, title or interest of the value of Rs. 100/- and upwards in an immovable property shall be registered. Section 49 of the Registration Act, 1908 further provides that no document which required registration under Section 17 shall be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.

(3.) In the light of the statutory requirements, the defendant raised an objection as to the admissibility of the sale deed dated 11.4.1973 which was sought to be marked in evidence by the plaintiff and the said objection was upheld by the Court below by the order under Revision.