KANCHERLA SIVARAMAIAH Vs. MUSUNURU VENKATA KRISHNA RAO

JUDGEMENT

(1.) This civil revision petition is filed by defendant No.1 in O.S.No.111 of 2014 on the file of the learned Principal Junior Civil Judge, Mangalagiri, feeling aggrieved by the order of the lower Court in not permitting marking of possessory agreement of sale, dated 14.07.1991, through him.

(2.) Respondent No.1 filed the above -mentioned suit for permanent injunction against the petitioner and respondent Nos.2 to 9. The petitioner is defendant No.1 in the said suit. During the evidence of the petitioner as DW.1, he sought to mark the above - mentioned document in order to show that respondent No.1/plaintiff is not in possession of the suit schedule property and on the contrary, he is in possession of the property. The lower Court has declined to receive the said document in evidence only on the ground that the purported agreement of sale is in the nature of a possessory agreement evidencing delivery of possession and that as the same is not registered, it cannot be looked into evidence.

(3.) At the hearing, Smt.Nimmagadda Revathi, learned counsel for the petitioner, submitted that the petitioner sought to mark the said document in the suit for collateral purpose, namely, to establish that respondent No.1 is not in possession of the property and that the petitioner is in possession of the same. She has relied upon the proviso to Section 49 of the Registration Act, 1908 in support of her submission that even an unregistered document is admissible in evidence for collateral purpose. She has also placed reliance on the judgment of this Court in K.Ramamoorthi v. C.Surendranatha Reddy in support of her submissions.