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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO
Datla Rama Krishnam Raju – Appellant
Versus
Datla Surya Venkata Vijaya Gopala Raju – Respondent
ORDER :
TARLADA RAJASEKHAR RAO, J.
The sole respondent herein is the plaintiff in O.S.No.450 of 2017 on the file of the III Additional Junior Civil Judge, Vizianagaram, filed for declaration of title and for consequential relief.
2. The petitioners herein, who are the defendants in the said suit, filed I.A.No.431 of 2022 under Order VIII Rule 1(3) instead of Order VIII R-1A(3) of the Code of Civil Procedure, 1908, on the ground that the 1st petitioner herein-1st defendant in the suit has purchased an extent of 350 square yards which includes plaint schedule property from the mother of 1st plaintiff and other family members of plaintiff-respondent herein under the unregistered sale deed dated 18.08.2008 and the said document is essential to prove his case and also he could not file the said original unregistered sale deed before the Court along with written statement, as it was mixed with other documents and the said document was traced few days back and the said unregistered sale deed is an important document to prove his case.
3. Denying the contentions made in the affidavit filed in support of the application, the respondent herein-plaintiff filed counter asserting that the said docu
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
An unregistered sale deed cannot be admitted as evidence for ownership in a declaration suit, violating statutory provisions of the Registration Act and Transfer of Property Act.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
An unregistered and unstamped Release Deed cannot be admitted as evidence unless it is duly registered, as per Section 17 of the Registration Act.
The central legal point established in the judgment is that unregistered and insufficiently stamped documents, even if not covered by specific consequences of non-registration, are inadmissible in ev....
A Sale Deed must be registered to be admissible in evidence, regardless of its historical context or the law in force at the time of execution.
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.
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