The main legal point established in the judgment is the inadmissibility of an unstamped and unregistered document for collateral purposes, as per the Indian Stamp Act, Section 35.

1. The plaintiff in the suit is the appellant herein. Aggrieved by the judgment and decree, dated 25.01.1996 passed in A.s. No.92 of 1994 on the file of the subordinate Judge, Thiruvannamalai, partially modifying the judgment and decree dated 110. 1993 passed in O.s. No.1431/1981 by the District Munsif, Thiruvannamalai, the plaintiff has preferred this Appeal.

2. The case of the plaintiff, Raghunatha Gounder as put forth before the Trial Court is as follows :

(i) The land situated in Varagur Village in s.No.195/2, measuring 3.76 acres belongs to one subbaraya Naicker. He had three sons, namely, Appayee Naicker, Mottaiyan @ Chinnasami Naicker and Ayyakannu. After the death of subbaraya Naicker, the above said land measuring 3.76 acres was equally divided into three shares among the three sons and they were in possession and enjoyment of their respective share of 1.25 1/3 acres of land, each. Chinnasami Naicker and his brother Ayyakannu died leaving their sons as legal heirs, who were in possession and enjoyment of their respective portion of land.

(ii) The plaintiff, Raghunatha Gounder purchased an extent of 1.25 1/3 acres of land for Rs.3,200/- from the sons of the deceased Mottaiyan @ Chinnasami Naicker on 28. 1975 and an extent of 1.25 1/3 acres of land for Rs.3,200/- from the sons of the deceased-Ayyakannu on 11. 1976, by way of registered sale Deeds. The case of the plaintiff is that he was in possession and enjoyment of 2.50 2/3 acres of land, as per the registered sale Deeds.

(iii) Ayyakannu was cultivating his lands in s. No.195/2 along with the lands in s.No.194/3, belonging to one Arumugham and Ramasami and shared the profit among themselves. Only for the sake of convenience, Ayyakannu was cultivating his land with that of Arumugham and Ramasami, but the lands were in possession of the respective owners. While that be so, when Arumugham and Ramasami sold their lands to one sevi Gounder, they executed a sale Deed on 18. 1972, including an extent of 1.25 1/3 acres of land belonging to Ayyakannu in s. No.195/2. Neither Ayyakannu and his sons nor the plaintiff were parties to the sale Deed. According to the plaintiff, he is in absolute possession of the lands to an extent of 2.50 2/3 acres purchased in s.No.195/2.

(iv) In order to disturb the plaintiffs peaceful possession of the land, Sevi Gounder sold the land measuring an extent of 1.25 1/3 acres in s.No.195/2, which do not belong to him to one Pattappa Gounder, the respondent herein. Pattappa Gounder, without giving notice to the plaintiff, transferred patta to his name, in respect of the lands in s. No.195/2. Hence, the plaintiff filed a Petition before the Tahsildar, Thiruvannamalai and the Tahsildar cancelled the patta by order dated 211. 1978. Pattappa Gounder went on Appeal before the Revenue Divisional Officer and the Revenue Divisional Officer, by order dated 20.6.1981, cancelled the order of the Tahsildar, Thiruvannamalai dated 211. 1978. The plaintiff filed an Appeal before the District Revenue Officer, Vellore, pleading that though he is in possession of the lands in s. No.195/2, Pattappa Gounder by means of patta, claimed adverse possession of the same. On 18. 1981, when Pattappa Gounder and his men attempted to trespass into the schedule mentioned property, the plaintiff obstructed their entry with great difficulty; thereafter, the plaintiff filed a suit in O.s. No.1431 of 1981 for declaration of the possession of the schedule mentioned property.

3. The case of the defendant as stated in the written statement is as follows :

(i) According to the defendant, the plaintiff is not the owner of the land in s. No.195/2. The case of the plaintiff that after the death of subbaraya Naicker, his three sons divided the land in s. No.195/2 into three equal shares, orally and were in enjoyment and possession of the same is false and baseless. The defendant has stated that an extent of 3.76 acres of land in s. No.195/2 and 1.66 acres of land in s.No.194/3 and