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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE P.T. ASHA, J
Bakkiyam – Appellant
Versus
Narayanan – Respondent
ORDER :
The defendants are the revision petitioners before this Court who seek to challenge the order passed by the learned Principal District Munsif, Attur in I.A.No.5 of 2023 in OS.No.79 of 2015.
2. The revision arises against the order allowing an unregistered sale deed dated 17.03.1999 being marked as an Exhibit on the side of the plaintiff.
3. The facts which have culminated in the filing of the Civil Revision Petition are hereinbelow set out and the parties are referred to in the same ranking as before the Trial Court.
4. Before proceeding to set out the facts a genealogical table would make it easy to understand the relationship between the parties to the proceedings.
5. The suit schedule property measures an extent of 0.62 1/2 cents comprised in S.No.178/3, Old Paimash No.46, Vannan Kattu Punjai, totally measuring 1.25 acres in Thumbal Village, Attur Taluk, Salem District. The property has been described within four boundaries together all the easementary rights appurtenant to the property.
6. The plaintiff would contend that the suit properties are agricultural lands. On 11.02.1941, a larger extent of the suit property was purchased by the plaintiff’s grandfather Kandansamban fr
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 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 and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp 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.
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