SELLAMUTHUGOUNDER Vs. MARAPPAGOUNDER

JUDGEMENT

(1.) AGGRIEVED over the fair and decretal order dated 21.6.2005 made in I.A. No. 108 of 2005 in O.S. No. 924 of 2004 on the file of the First Additional District Munsif, Bhavani, this civil revision petition is filed.

(2.) BRIEF facts of the case are as follows:The respondents 1 to 3 have filed the said suit claiming for partition and separate posses'sion of 5/12 shares of the suit.

(3.) IN Ram Rattan v. Parma Nand AIR 1946 PC 51 : (1946) 1 MLJ 295 the Privy Council held that the words `for any purpose' in Sec'tion 35 of the Stamp Act, should be given their natural meaning and effect and would include a collateral purpose. Where an unstamped doc'ument is admitted in proof of some collateral matter, it is certainly admitted in evidence for that purpose which the statute has prohibited. Consequently, an unstamped partition deed cannot be used to corroborate the oral evidence for the purposes of determining even the factum of partition as distinct from its terms.