V GOVINDASAMY Vs. V PERUMAL

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decreetal order dated 11.07.2011 made in I.A.No.548 of 2011 in O.S.No.284 of 2009 on the file of the District Munsif Court at Tambaram.

(2.) The respondent herein as a plaintiff filed a suit for declaration that he is the sole absolute owner of the suit property and for possession and declaration that the sale deed dated 13.03.2009 executed by the first defendant in favour of the second defendant is null and void and not binding upon the plaintiff in respect of suit property and for other reliefs. At the time of filing suit, the plaintiff has marked the Koor Chit dated 11.02.2000. At the time of trial, the revision petitioner/first defendant has come forward with the application in I.A.No.548 of 2011 stating that the Koor Chit is not an admissible evidence and it cannot be marked as an exhibit. The trial Court, after hearing both sides, dismissed the application, against which, the present revision petition has been preferred by the first defendant/revision petitioner.

(3.) Learned counsel for the petitioner submitted that the Koor Chit itself is not an admissible evidence and it must be properly stamped and registered and it is conveyance under Section 2(10) of the Indian Stamp Act, so it requires registration. Since the Koor Chit is an unregistered document, it cannot be marked as an exhibit. But the trial Court has not considered the same and dismissed the application stating that the admissibility of unregistered document can be marked as a collateral purpose. It is further submitted that even the Koor Chit cannot be marked for collateral purpose. Hence, he prayed for allowing the revision petition. To substantiate his arguments, he relied upon the following judgments: