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2006 Supreme(Mad) 3032

P.JYOTHIMANI
Duraisami Naidu & Others – Appellant
Versus
C. Ramakrishnan & Others – Respondent


Appearing Advocates:For the Petitioners:D. Shivakumaran, Advocate. For the Respondents:V. Nicholas, Advocate.

Judgment :-

(This civil revision petition is preferred under Article 227 of the Constitution of India against the order dated 1.9.2005 in IA No.127 of 2005 in O.S.No.128 of 1998 on the file of the learned Principal Subordinate Judge, Krishnagiri.)

The defendants 1 to 9 in the suit are the revision petitioners. The suit is filed by the plaintiffs for declaration and injunction. The defendants filed proof affidavit along with eight documents and these eight documents were marked as Ex.B.1 to Ex.B.8. The documents are said to be the unregistered lease deeds in respect of the agricultural lands. The plaintiffs filed an application under Order 13 Rule 3 of C.P.C. praying for rejection of the said documents, marked as Exs.B.1 to B.8. The trial court, relying upon Section 17(1)(d) of the Indian Registration Act and having come to the conclusion that in respect of the agricultural lands, if lease period is beyond one year and is in writing, it requires registration and in the present case, all the eight documents were unregistered, has allowed the application on the basis that the documents are inadmissible in evidence. It is against the said order of the learned trial Judge, the defendants







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