BILAL NAZKI, GOPALA KRISHNA TAMADA
A. Kishore @ Kantha Rao – Appellant
Versus
G. Srinivasulu – Respondent
( 1 ) THIS reference has been made by a learned Single Judge of this Court, referring the following question :"whether the document in question is admissible in evidence, for collateral purpose in the facts and circumstances of the case. "in a suit for permanent injunction, a document was pressed into service by the defendant, which was a Deed of Lease. An objection was taken to its admissibility on the ground that it was not registered. The contention was that in terms of Section 49 (c) of the Registration Act, 1908, the document though unregistered, could be used for collateral purpose. Since one of the parties had denied the jural relationship of landlord and tenant, the other party had justified his possession on the ground that he was a tenant and as such was in possession. Therefore the Court had to decide whether such a document could be taken into consideration for the purpose of establishing the possession. The learned Single Judge took note of the following three judgments: (1) Hussain Begum and others v. Madu ranga Rao and others, 2000 (2) ALD 30 = 2000 (1) ALT 568. (2) Relangi Nageswara Rao and another v. Tatha Chiranjeeva Rao, 2000 (5) ald 577 = 2000 (5
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