IRUSA GOUNDER Vs. PALANIPPAN

JUDGEMENT

(1.) THIS revision petition is filed challenging the order of the learned Principal District Munsif, Bhavani in I.A.No. 1403 of 2014 in O.S.No. 185 of 2011 dated 17.09.2014 dismissing the application filed by the petitioners, who are the defendants 2 to 6 in the said suit, seeking for marking a document dated 13.03.1990.

(2.) THE second respondent herein is the plaintiff in the said suit. He filed the said suit for declaration to declare the impugned sale deed dated 10.05.2011 affecting plaintiff's equal half share in the well in R.S.No. 123/2 of Kadappanallur village, Bhavani Taluk as null and void and for permanent injunction restraining defendants 2 to 5 from taking water from the well in the suit property under the guise of impugned sale deed dated 10.05.2011 and for partition.

(3.) THE learned counsel appearing for the petitioners submitted that no registration is required since the document is only an agreement for sale and therefore, the Court below is not justified in rejecting the application. Learned counsel also relied on the proviso to Section 49 of the Registration Act to contend that even an unregistered document can be received in evidence. In support of his submissions, learned counsel also relied on a judgment of this Court in Sengappan Vs. Arumbatha Veda Vinayagar Temple, represented by his Hereditary Trustee reported in : 2001 (1) MLJ 198and a judgment of the Hon'ble Supreme Court in Hamda Ammal Vs. Avadiappa Pathar and three others reported in : 1991 (1) SCC 715.