EURAVARAM LEENAKARA REDDY Vs. E RAGHUNATHA REDDY

JUDGEMENT

(1.) The Revision is filed questioning the orders of the Subordinate Judge, Chittoor dated 26-6-1996 by which the objection raised by the plaintiff regarding the admissibility of the disputed document was overruled and the document was ordered to be marked as evidence on behalf of the defendants.

(2.) The defendants in the suit O.S.No. 122 of 1987 on the file of the Add1. Subordinate Judge, Chittoor filed a document described as a Memorandum of Partition through D.W.I and the plaintiff objected for marking the said document on the ground that the said document has to be considered only as a Deed of partition and as such it is liable for stamp duty and also registration and as it is not duly stamped and not registered, it is inadmissible in evidence.

(3.) After hearing both the Counsel and after perusing the disputed document, the learned Subordinate Judge came to the conclusion that it was only a Memorandum of past transaction and that no interest in immovable property is conveyed under that document and as such it is not liable for stamp duty and it is also not a compulsorily registerable document and as such the document is admissible in evidence. Questioning the said orders of the Court, the present Revision is filed by the plaintiff.