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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.C.D.SEKHAR
Pinnamareddy Venkata Subba Rayudu – Appellant
Versus
Thoomu Satyanarayana – Respondent
JUDGMENT :
1. The present revision petition is filed aggrieved by order dated 17.08.2017 in OS No.21 of 2014, on the file of the IV Additional District Judge, Tanuku, West Godavari District.
2. The respondent/plaintiff filed suit in OS No.21/2014, for specific performance based on agreement sale dated 30.11.2007, directing the 1st defendant to execute sale deed over the suit schedule property or in the alternative refund an amount of Rs.10,00,000/-, which was given as hand loan to the mother of the 1st defendant which was adjusted towards the part sale consideration and for damages. The petitioners filed a written statement in the said suit and when the matter is posted for trial, the respondent/plaintiffs sought to mark agreement of sale dated 30.11.2007, the petitioners/defendants raised an objection stating that the said document cannot be marked for want of stamp duty and registration.
3. After hearing the parties, the Trial Court by order dated 17.08.2017, over-ruled the objection raised by the petitioners by according permission to mark the document in evidence. Questioning the said order, the present revision petition is filed.
4. Heard Counsel for the petitioners and Counsel fo
Unregistered agreements may be admissible in specific performance suits, and the absence of possession transfer does not bar such documentation under the Registration Act.
An unregistered document can be received in evidence for collateral purposes, such as proving possession of the property, under the proviso to Section 49 of the Registration Act, 1908, provided that ....
Unregistered agreements of sale are inadmissible in evidence for suits requiring registration under the Indian Registration Act, as their nature is determined by recitals, not nomenclature.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
A suit for specific performance necessitates the plaintiff's readiness to fulfill obligations, while unregistered documents cannot substantiate ownership rights unless properly admitted as evidence.
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