JAYANT KUMAR Vs. VASANTI DEVI

JUDGEMENT

(1.) Order dated 3.4.08 is being called in question vide this petition under Article 227 of the Constitution of India. By said order, the trial Court, in a suit for declaration and permanent injunction brought by the petitioner, over-ruled the petitioners' objection for admitting an unregistered and unstamped gift deed dated 30.12.83 in evidence allowing the same for collateral purpose, purportedly, as per proviso to Section 49 of the Registration Act, 1908. The suit by the petitioner for declaration, injunction and possession with respect to the land described in Schedule A, annexed to the plaint is founded on a will dated 26.8.1987 said to be executed by one Rajkumaribai, mother in law of the petitioner (as well of respondent). The claim of the petitioner plaintiff is countered by the respondent defendant. It is contended that the will in question is forged and fabricated and that she is in possession and ownership of the suit land by virtue of gift deed dated 30.12.83.

(2.) The said gift deed, admittedly, unregistered, on a Stamp paper of Rs. 5 (Rupees Five), was when tendered in evidence by the respondent defendant was objected at by the petitioner plaintiff on the ground that the same being insufficiently stamped and unregistered The trial Court by impugned order allowed the same to be taken for collateral purpose under Section 49 of 1908 Act

(3.) The order is being questioned on the ground that the gift deed since conveys a title and is foundation for establishing ones own title and possession against the claim put forth by the petitioner plaintiff, unless registered could not even be taken for collateral purpose.