GALLA SANYASAMMA AND ORS. Vs. GALLA RAMU NAIDU

JUDGEMENT

(1.) This petition is filed aggrieved by the order, dtd. 9/12/2014, passed in Memo G.R.No.2799/14 in O.S.No.267 of 2007 on the file of the court of VII Additional District Judge (Fast Track Court), Visakhapatnam, by virtue of which the lower court dismissed the petition, which was filed by the petitioner seeking for marking a document titled as 'oppudala patram' as a document.

(2.) Heard Sri Ravi Cheemalapati, counsel for the petitioners, and Shaik Kaleemullah, counsel for the respondent.

(3.) In a Memo raising an objection for marking 'oppudala patram' as a document, by the impugned order the lower court by considering the judgment reported in A.KRISHNA AND ANOTHER VS. A.ARJUNA RAO AND ANOTHER,2004(II) ALT 797. which held that Sec. 17(1) of the Registration Act clearly provides that any document (other than testamentary instruments) which purports or operates to create declare, assign, limit or extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of Rs.100.00 and upwards to or in immovable property shall be compulsorily registered, observed that in the case on hand the recitals of the impugned document, referred to above, convey the meaning that the said document, which is titled as 'oppudala patram' is only a memorandum of understanding between the plaintiff and his elder brother. Holding as such, it rejected the Memo which was filed by the petitioners.