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2020 Supreme(AP) 330

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A. RAJASEKHAR REDDY, J.
K. Nalini Devi and Ors. - Appellants
Versus
K. Haritha Reddy and Ors. - Respondents
Civil Revision Petition No. 2267 of 2019
Decided On : 30-01-2020

Advocates Appeared:
For the Appellant : A. Venkatachary.
For the Respondents: Gaddam Srinivas.

Headnote:

Registration Act - Section 17 - Stamp Act - Articles 5 and 6 - Constitution of India,1950 - Article 227 - Admissibility of documents - Sought to be marked in evidence - Petitioner submits that there are no definite properties mentioned in the No objection-cum-declaration which is sought to be marked in evidence and it is incapable of valuation for the purpose of stamp duty and registration, as such, the same need not be stamped and registered - He also submits that the same can be marked for collateral purpose - 1st respondent/plaintiff by relying on the judgment reported in case submits that when once there is a relinquishment by document involving immovable properties, the same requires stamp and registration – Held, Declaration and assignment limiting or extinguishing whatever right title or interest whether valid or invalid - It can in no circumstances be said that the said document is an agreement falling under Articles 5 and 6 of the Stamp Act – Court also fortified in this view of mine by the decision of a Division Bench of the Lahore High Court wherein while considering the provisions of Section 17 and 49 of the Registration Act, it was held that a document which purports to declare that the executants held no title in the house and have relinquished their action, requires registration and if unregistered is inadmissible in evidence - I do not see any infirmity or illegality in the order passed by the trial Court by exercising jurisdiction under Article 227 of the Constitution of India - Civil Revision Petition is dismissed

ORDER :

A. Rajasekhar Reddy, J.

1. This Civil Revision Petition is filed against docket order dated 11.09.2019 wherein and whereby the objection raised by the 1st respondent/plaintiff with regard to admissibility of documents for evidence captioned as 'No objection-cum-Declaration' was upheld by the Court below on the ground that the same is not stamped and registered.

2. Heard Sri A. Venkatachary, learned counsel for the petitioners and Sri Gaddam Srinivas, learned counsel for the 1st respondent/plaintiff.

3. Learned counsel for the petitioner submits that there are no definite properties mentioned in the 'No objection-cum-declaration' which is sought to be marked in evidence and it is incapable of valuation for the purpose of stamp duty and registration, as such, the same need not be stamped and registered. He also submits that the same can be marked for collateral purpose. In support of his contention, he relied on the judgments reported in T. Chakrapani v. K. Adimoolam, 2015 (1) CTC 359 and Bondar Singh v. Nihal Singh, AIR 2003 SC 1905.

4. On the other hand, learned counsel for the 1st respondent/plaintiff by relying on the judgment reported in the case of Abdul Majeed v. Yadram Suresh, 2001 (2) ALD 525 submits that when once there is a relinquishment by document involving immovable properties, the same requires stamp and registration. He also submits that the subject properties are joint family properties of the petitioners and the respondents. When it is the case of the petitioners that the respondents 2 & 3 have relinquished their share in the joint family property, the same requires stamp duty and registration, as such, the trial Court rightly upheld the objection raised by the 1st respondent/plaintiff.

5. The document sought to be marked is titled as 'No objection-cum-Declaration, reads as follows:

    "NO OBJECTION-CUM-DECLARATION:

This Deed of No Objection Cum Declaration is made and executed on this the 21st day of JULY, 2008, at Secunderabad, by and between:

1. Smt. K. SRIDEVI REDDY, D/o. Sri K. DHAMODHAR REDDY, aged about 43 years, Occupation: Govt. Employee, R/o. H. No. 3-6-213/304, Street No. 16, Himayathnagar, Hyderabad.

2. Smt. K. HARITHA REDDY also known as KAVITHA REDDY, D/o. Sri DHAMODHAR REDDY, aged about 28 years, Occupation: House wife, R/o. H. No. 12-13-98, Flat No. 304, Satguru Apartments, Street No. 3, Tarnaka, Secunderabad.

3. Smt. K. KALPANA REDDY, D/o. Sri K. DHAMODHAR REDDY, aged about 30 years, Occupation: House-wife, R/o. Flat No. 05, Pragati Apartments, H. No. 2-2-18/15/3, D.D. Colony, Hyderabad.

Hereinafter called the PARTIES OF THE FIRST PART;

AND

1. Sri K. DHAMODHAR REDDY, S/o. Late K. RANGA REDDY, aged about 70 years, Occupation: Retd. Service.

2. Sri K. SRIKANTH REDDY, S/o. Sri K. DHAMODHAR REDDY, aged about 39 years, Occupation: Service.

Both are residing at

Hereinafter called the SECOND PARTY;

WHEREAS, the Second Party herein are the sole and absolute owners House constructed on Open Plot bearing B. No. 56, (GLRS No. 163) Rev. No. 606, admeasuring 300 sq.yds, situated at Gummadi Venkat Reddy Colony, Alwal Village, Secunderabad Cantonment, and other Moveable and immovable properties.

WHEREAS the Party No. 1 of the Second Part have already settled the properties and performed marriages to the First Parties and they have settled and enjoyed by their families.

WHEREAS the First Parties herein are the Natural Daughters of Party No. 1 of Second Part and Natural Sister of Party No. 2 of Second Part.

WHEREAS the Second Party have gifted the Three Portions in Plot bearing B. No. 56, (GLRS No. 163) Rev. No. 606, situated at Gummadi Venkat Reddy Colony, Alwal Village, Secunderabad Cantonment, by virtue of 3 Registered Gift Settlement Deeds, vide Registered Document Nos. 101041011/08 of 2008, dated 21.07.08, in the office of the Sub-Registrar, Bowenpally, Secunderabad.

WHEREAS the Parties of the First Part hereby declar

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