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2012 Supreme(AP) 85

C.V.NAGARJUNA REDDY
Kapu Anasuyamma – Appellant
Versus
K. Malla Reddy – Respondent


Advocates appeared:
For the Petitioner:Sri Naresh Kumar Gundapu for Sri Nimmagadda Satyanarayana, Advocates.
For the Respondents:Sri Chetluru Srinivas, Advocate.

JUDGMENT :

The short issue that arise for consideration in this civil revision petition is whether the decision of the learned Junior Civil Judge, Rayadurg, Anantapur district, overruling the petitioner’s objection for marking of unregistered partition deed dated 20-02-1994 suffers from any illegality.

2. The petitioner filed O.S.No.43 of 2008 against the respondents for perpetual injunction. During the course of chief-examination of D.W.1, he sought to mark an unregistered partition deed dated 20-02-1994. The petitioner raised an objection for marking the said document on the ground that the same is unregistered and insufficiently stamped partition deed, which cannot be admitted in evidence unless it is registered on proper stamp duty. The Court below has admitted the document into evidence as Ex.B-1.

3. The law is settled that an unregistered document which requires registration is admissible in evidence under Section 49 of the Indian Registration Act, 1908, for collateral purpose (see Chinnappareddigari Pedda Muthyalareddy v. Chinnappareddigari Venkatareddy and others (AIR 1969 AP 242) and Roshan Singh v. Zile Singh (AIR 1988 SC 881)), whereas an unstamped or insufficiently stam






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