Back
T. V. THAMILSELVI
Umadevi – Appellant
Versus
R. Venkatesan – Respondent
JUDGMENT
(Prayer: Civil Revision petition is filed under Article 227 of the Constitution of India to set aside the order and decretal order passed in IA.No.2 of 2021 in OS.No.333 of 2017 on the file of the Court of Principal District Munsif, Kanchipuram dated 12.10.2022.)
This civil revision petition has been filed to set aside the order and decretal order passed in IA.No.2 of 2021 in OS.No.333 of 2017 on the file of the Court of Principal District Munsif, Kanchipuram dated 12.10.2022.
2. The revision petitioners herein are the defendants in the suit in OS.No.333 of 2017. The said suit was filed by the respondent herein for relief of permanent injunction. The contention of the plaintiff is that he cultivated the land and raised casuarina trees through unregistered sale letter dated 22.02.1997 said to be executed by the first defendant. Thereafter, he is cultivating the land. The said suit was strongly objected by the defendants by filing written statement. Now PW1 was examined on his side. The said unregistered sale letter was marked as Ex.A1. Now the petitioners / the defendants filed application to reject the said Ex.A1 document under Order 13 Rule 3 and Section 151 of CPC in IA.No.
The admissibility of unregistered documents as evidence and the right of the defendants to disprove such documents at a later stage.
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.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
The main legal point established in the judgment is the admissibility of unregistered and insufficiently stamped documents for collateral purpose, the application of the provisions of the Stamp Act, ....
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.
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
