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2021 Supreme(SC) 535

K.M.JOSEPH, S.RAVINDRA BHAT
Korukonda Chalapathi Rao – Appellant
Versus
Korukonda Annapurna Sampath Kumar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M. Vijaya Bhaskar, AOR
For the Respondent(s): Mr. Venkateswara Rao Anumolu, AOR Mr. K. Sita Rama Rao, Adv. Mr. Chandra Mohan Anisetty, Adv.

Judgement Key Points

In this judgment, the Supreme Court held that the appellate court's disallowance of the unregistered documents was correct. The Court clarified that the primary consideration is whether the consideration of such unregistered documents would breach the mandates of the Registration Act, specifically Section 49, which prohibits unregistered documents from affecting immovable property or being used as evidence of such transactions. The Court emphasized that documents which merely record past transactions or arrangements, without creating, declaring, assigning, or extinguishing rights in immovable properties, do not attract the registration requirement and can be considered for collateral purposes or to explain conduct and possession. In this case, the Court found that the documents in question did not ‘affect’ the immovable property directly and were records of past transactions, thus not requiring registration. Consequently, the Supreme Court upheld the High Court’s decision to disallow the unregistered documents from being used as evidence, aligning with the principle that such documents cannot be used to prove primary rights or transactions affecting immovable property unless they are registered.


JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. By the impugned order the High Court has set aside the order passed by the Trial Court by which latter order, the Trial Court overruled the objections of the respondent to the marking of Exhibits-B12 and B13 on the score that they were documents which were unregistered and unstamped and matter was posted for the evidence of DW1 for marking the said document. The High court found that the documents which were the unregistered family settlement “Khararunama” and receipt of Rs. 2,00,000/- (Rupees two lakhs) by the respondent, were not admissible in evidence.

3. The respondent is the younger brother of the appellants. The respondent instituted the present Suit (O.S. No.39 of 2001) seeking declaration of title over the plaint schedule property and for eviction of the appellants who are the defendants and consequential perpetual injunction is also sought against the appellants.

4. It is not in dispute that there was a partition between the appellants, the respondent and their other siblings. The partition list is marked as Exhbit-A8 in the suit. It is dated 17.11.1980. The plaint schedule properties are a part of F-Schedule in the Deed of partit

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