IMPORTANT POINT
The main legal point established is that an unregistered document, such as an Exchange Deed, can be admitted as evidence of a collateral transaction, particularly the delivery of possession, under the proviso to Section 49 of the Registration Act, 1908.

ORDER

1. The Civil Revision Petition has been filed aggrieved by the Docket Order dated 14.07.2022 passed in O.S.No.56 of 2009 on the file of the Senior Civil Judge, Kandukur.

2. The facts, in brief, are that the petitioner/plaintiff filed the aforesaid suit O.S.No.56 of 2009 against the respondents/ defendants seeking the relief of declaration of title and permanent injunction in respect of suit A schedule property. The respondents/defendants filed their written statement. Trial began in the said suit. At the time of examination of the plaintiff as P.W.1, Exchange Deed dated 28.01.1989 is sought to be marked as Ex.A1. Learned counsel for respondents/ defendants objected for the same on the ground that it is an unregistered Exchange Deed and cannot be marked to prove acquisition/transfer of rights. It is the contention of the petitioner/plaintiff that since he paid stamp duty and penalty on the said Exchange Deed, it can be marked to prove the collateral transaction of nature of possession. The trial Judge, vide the impugned Docket Order dated 14.07.2022, sustained the objection raised by the respondents/defendants and rejected request of petitioner/ plaintiff to mark the said Exchange Deed. Challenging the said order, the present revision came to be filed.

3. It is the contention of the learned counsel for the petitioner that since stamp duty and penalty have been paid on the said document, to prove the collateral transaction of nature of possession of the petitioner/plaintiff over the schedule property, the Exchange Deed can be marked as contemplated under Section 49 of the Registration Act, 1908, but the Court below committed illegality in rejecting to mark the said document for the purpose of proving the collateral transaction also, and hence the impugned order is liable to be set aside and sought a direction to mark the Exchange Deed dated 28.01.1989 as an Exhibit.

The learned counsel relied on a decision in K.Ramamoorthi v. C.Surendranatha Reddy, 2012 (6) ALT 786 (S.B.) in support of his contention.

4. On the other hand, learned counsel for respondents 2 to 7 and 9 contended that the subject Exchange Deed dated 28.01.1989 is an unregistered document and hence, it cannot be used to establish acquisition/transfer of rights in immovable property. He further submits that since no possession was transferred under the subject Exchange Deed, though stamp duty and penalty have been paid on the said document, it cannot be marked even to prove the collateral transaction, as contemplated under Section 49 of the Registration Act, 1908, and considering these aspects, the trial Court right rejected the request to mark the said document and there are no grounds to interfere with the said order.

5. O.S. No.56 of 2009 on the file of the Senior Civil Judge, Kandukur has been filed by the petitioner/plaintiff against the respondents/defendants for declaration of title and permanent injunction in respect of suit A schedule property. After filing written statement and settlement of issues, trial began in the said suit. At the time of examination of the plaintiff as P.W.1, when Exchange Deed dated 28.01.1989 was sought to be marked as Ex.A1, on the objection of counsel for respondents/defendants, the trial Judge rejected the request of petitioner/plaintiff to mark the said document as Ex.A1, by the impugned Docket Order. Aggrieved by the same, the present revision petition is filed.

6. Section 17 of the Registration Act, 1908 specifies the documents whose registration is compulsory. Under Section 17 (1) (b), other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, are included. The subject exchange deed, which conveys right and title in the immovable property, falls in this category of instruments.

Under Section 45 of the Registratio