V MADHUSUDHAN RAO & ORS Vs. S NIRMALA BAI & ORS
HIGH COURT OF ANDHRA PRADESH
V Madhusudhan Rao And Ors
S Nirmala Bai And Ors
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D.V.S.S.Somayajulu, J. -
(1.)This civil revision petition is filed questioning the order dated 04.01.2018 in I.A.No.839 of 2017 in O.S.No.241 of 2009 passed by the Additional Senior Civil Judge, Mandanapalle.
(2.)The suit O.S.No.241 of 2009 is filed for partition of the plaint schedule property and to allot a share to the plaintiffs. In the said suit, the plaintiffs have taken a plea by way of amendment that a sale deed dated 31.01.1987 which is executed in favour of defendant No.4 is not valid. The sale deed dated 31-1-1987 is an unregistered document executed on stamp paper worth Rs.5/-. The plaintiffs filed a petition under Order 13 Rule 3 read with Sections 17 and 49 of the Registration Act, read with Section 151 CPC, for a direction that the said document cannot be accepted in evidence as it is not registered and is not adequately stamped. Respondents filed a counter in this application I.A.No.839 of 2017 stating that they are ready to pay the stamp duty and penalty on the document. They also admit that the unregistered sale deed is admissible for a collateral purpose of proving the possession of the suit schedule property by the defendants. This application came to be allowed and the impugned Order came to be passed on 04.01.2018.
(3.)The Court below held that the unregistered sale deed can only be received for the collateral purpose of proving the possession of defendant No.4 and for no other purpose. Questioning the same, the present civil revision petition is filed.
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