MAJETI BASAVAMMA Vs. MAJETI VENKATESWARA RAO

JUDGEMENT

(1.) The plaintiffs in O.S.No.96 of 1997, on the file of the Additional Senior Civil Judge, Tenali, filed this revision, aggrieved by the order dated 31-8-2005, passed by the trial Court.

(2.) The petitioners filed the suit for the relief of declaration of title and recovery of possession, vis-a-vis the suit schedule property. The respondents are defendants in that suit. The trial of the suit commenced and the recording of evidence of the petitioners was concluded. The 2nd respondent herein filed his affidavit, in lieu of chief-examination as DW-1. Several documents were enclosed to the affidavit. The petitioners raised serious objection for receiving of two documents viz, a deed of family arrangement dated 5-5-1993, marked as Ex.B-34, and a family dispute resolution, dated 30-1-1994 marked as X-8. Extensive submissions were made on behalf of the petitioners, about the admissibility of the said documents. The objections mainly related to the registration and stamp duty. Through the order under revision, the trial Court overruled the objections, and received the documents.

(3.) Sri S. Ranga Reddy, learned Counsel for the petitioners, submits that the documents have the effect of bringing about alteration in the rights of the parties, in respect of immovable properties, and they were compulsorily registerable. He contends that though there are certain recitals about the discussion that has preceded the settlements, the ultimate settlement came to be affected through the documents, and in that view of the matter, they were not admissible in evidence, without registration. He cited several judgments in support of his contention.