ANNAMADEVULU CHANDRARAO Vs. M.VEERA RAGHAVULU

JUDGEMENT

(1.) The defendant in the suit filed this revision challenging the correctness of the decision of the learned V Additional District Judge (Fast Track Court) Rajahmundry holding that the document dated 08.08.1962 sought to be marked by the petitioner herein as inadmissible in evidence, for want of registration and also for non -payment of necessary stamp duty thereon.

(2.) The petitioner was the defendant in the suit instituted for partition of the suit schedule properties. During the course of examination of D.W.1, a document dated 08.08.1962 which is reduced on a plain paper and which is not registered and which has not suffered any stamp duty is sought to be introduced and marked on behalf of the defendant. When an objection was taken, the Court had examined the recitals of the document and found that though it is shown to be a mere enumeration of shares of the sharers of an earlier oral partition, but however the recitals disclosed division of properties amongst all the sharers and hence the Court held that the document is compulsorily registerable and it is also liable to be suffered stamp duty. That gave raise to this Civil Revision Petition.

(3.) Heard Sri J.Sreenivasa Rao, learned counsel for the petitioner and Sri P.Durga Prasad, learned counsel for the respondents.