VANGALA RAVINDER REDDY Vs. U. VENKATAMMA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 29.01.2021 in I.A.No.789 of 2019 in O.S.No.301 of 2012 on the file of the Senior Civil Judge, Nalgonda (for short, "trial Court ").

(2.) The brief facts of the case are that the petitioners/plaintiffs filed a suit for perpetual injunction. In the said suit, the respondents/defendants filed an agreement of sale alleged to have been executed by one Gunreddy Malla Reddy and Chirapu Narsi Reddy in the year 2000 and they want to get it marked. The petitioners/plaintiffs opposed on the ground that the said document requires registration since the sale consideration is more than Rs.20,000/-; and that as per Section 17(1)(g) of Registration Act, an agreement of sale of immovable property of the value of Rs.100/- and upwards shall be required to be registered. The only exception is when the said documents is considered in a suit for specific performance of sale in which case it need not be registered. Since the suit is filed for injunction, the said un-registered document cannot be received in evidence or considered for any purpose and not even for collateral purpose and thus, the said document is inadmissible in evidence and is liable to be rejected.

(3.) The respondents/defendants filed a counter denying the averments stating that the vendors of the defendants have executed agreement of sale in the year 2000 and delivered vacant possession of the suit land to the respondents and since then, they are in peaceful possession and enjoyment of the same. The respondents filed an agreement of sale alleged to have been executed by their vendors dated 29.12.2000 along with other documents. While marking the documents in B-Series, the Court directed to pay the deficit stamp duty and penalty by way of impounding and directed the Superintendent to collect the deficit stamp duty. Accordingly, the trial Court has collected 10 times to the original agreement of sale.