The central legal point established in the judgment is the mandatory requirement of registration under Section 17(1)(b) of the Registration Act and the limited admissibility of unregistered documents under Section 49, emphasizing the importance of compliance with registration requirements in property transactions.

(Civil Revision Petition filed under Article 227 of The Constitution of India against the order dated 25.07.2003 made in the course of examination of DW-1 in O.S.No.2028 of 1991 on the file of the learned District Munsif, Tiruchirappalli.)

This Revision is directed against the Order of District Munsif, Tiruchirappalli made in the course of examination of DW-1 in O.S.No.2028 of 1991 (dated 25.07.203) declining to admit the unregistered Sale Deed. The Defendant is the Revision Petitioner.

2. Relevant facts for disposal of this Revision Petition could briefly be stated thus:

The Respondent/Plaintiff has filed a Suit in O.S.No.2028 of 1991 for Permanent Injunction relating to 'ABCD' Lane restraining the Defendant from in any way putting up sunshade over the windows and fixing new door facing 'ABCD' Lane. Case of the Plaintiff is that the Plaintiff is the absolute owner of Door No.21-A, Pillaiyar Koil Kulathu Sandhu, Keela Vaikolkara Street, Woraiyur by virtue of the Sale Deed dated 07.06.1998 executed by Chinnaiyan. The Defendant is the owner of Northern Side of the Plaintiff's property i.e. Door No.22/1. In between the Plaintiff's property and the Defendant's property, there is 'ABCD' lane. The lane is left for effecting the repairs to the wall and also to have access to the Plaintiff's house. There arose dispute between the Plaintiff's Owner Chinnaiyan and the Defendant in respect of the enjoyment of the property. Panchayat was held and as per the decision of the Panchayatdhars, Defendant has no right to interfere with the Plaintiff's possession and enjoyment of the property. While so, the Defendant has put up two windows on her southern sidewall. The Defendant has also threatened to put up a door way and also sunshade over the windows so as to affect the Plaintiff's right of ownership over the lane. If the Defendant puts up doorway or sunshade over the windows, the Plaintiff's valuable right of ingress and egress to his property would be very much affected. The Defendant has no right over the 'ABCD' lane. While so, the Defendant has been attempting to put up sunshade over the windows and the Plaintiff has objected the action of the Defendant. Since the Defendant has threatened to put up construction, the Plaintiff has filed the Suit.

3. Denying the allegations in the plaint, the Defendant has filed the Written Statement pleading ignorance about the dispute between the Plaintiff's vendor and the alleged Panchayat and the decision of the Panchayatdhars. According to the Defendant, the Plaintiff cannot claim any exclusive right over the lane, which is in enjoyment of the Defendant. The Plaintiff being the latest purchaser from Chinnaiyan, the Plaintiff ought to have verified all the encumbrances over the property. If there is any deficit in measurement or in the extent, the Plaintiff has to file a Suit only against the vendor Chinnaiyan for the shortage of the measurement. The Plaintiff cannot claim right over the lane left by the Defendant on the Southern Side of her wall for the purpose of fixing sunshade on the Southern Side Wall. The Defendant had purchased the house property from one Perumal and the said Perumal had purchased the property from Chinnaiyan, the very same vendor, who sold the property to the Plaintiff. Therefore, the Plaintiff has no legal right to question the fixing of sun shade on the southern side. The Defendant has filed the Written Statement inter alia challenging the measurements and contending that the Sale Deed in favour of the Plaintiff is defective in nature and the measurement.

4. The Trial commenced, parties have adduced evidence. When DW-1/Defendant was in the box, prior title deed in favour of his vendor, Perumal, executed by the said Chinnaiyan was sought to be marked. The said Sale Deed was executed for a consideration of Rs.2,000/-; but engrossed on the Stamp paper at Rs.2.50 and unregistered. The signature of PW-3, who has signed in that document as attester was marked as Ex.B-1 through