LAWS(TLNG)-2020-2-14

KANANEBOINA KAMALA Vs. HARISH PRATHAP REDDY

Decided On February 18, 2020
Kananeboina Kamala Appellant
V/S
Harish Prathap Reddy Respondents

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution of India is filed by the petitioners, who are plaintiffs, aggrieved by the docket order dt.26.11.2019 in O.S.No.7 of 2013 passed by the VIII Additional District (FTC), Warangal, Warangal District.

(2.) In the suit O.S.No.7 of 2013, the plaintiffs sought to rely upon an unregistered Sale Deed dt.06.04.1980 to prove their possessionary claim on the suit schedule property. An objection was raised by the respondents/defendants on the admissibility of the said document by relying on Section 49 of the Indian Registration Act. On due consideration of the respective submissions and the precedent decisions, the trial Court held that since the document is not registered, it cannot be relied upon even for collateral purpose and, therefore, the document cannot be received in evidence.

(3.) It is not in dispute that the petitioners/plaintiffs sought to rely upon the said unregistered document to prove the mode of entry into the possession of the suit schedule property and their possessionary claim. The said contention is rejected by the trial Court vide docket order dt.26.11.2019. Hence the present Civil Revision Petition.