SABBANA VENUGOPALA RAO Vs. CHINTADA SURYANARAYANA

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is directed against an order dated 28-02-2006 made in O.S.No.5 of 2000 on the file of the learned Senior Civil Judge, Bobbili.

(2.) The petitioner is the plaintiff and respondents 1 and 2 are the defendants 1 and 2 respectively in the suit.

(3.) The suit is laid for declaration of right of pre-emption of the plaintiff in respect of the suit schedule property against the defendants etc. The affidavit in chief of P.W.1 was filed and he was cross-examined before the Court below. When the document dated 27-3-1978 sought to be marked, the defendants took an objection that it not only requires proper stamp duty but also requires registration since the document is filed for the main relief sought in the suit. After hearing both the parties, the Court below passed the impugned order stating that the objection raised by the defendants for marking the document and also receiving the same is sustainable and therefore, the same is inadmissible in evidence. Aggrieved by the same, the present revision has been preferred. Learned counsel for the petitioner states that the document in question is only an agreement dated27-3-1978executedbyD-1in favour of the father of the petitioner.