Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
S. Gopi – Appellant
Versus
Gowrammal – Respondent
| Table of Content |
|---|
| 1. background of specific performance suit and document’s admissibility. (Para 1 , 2 , 3) |
| 2. arguments against acceptance of previously rejected document. (Para 4 , 5) |
| 3. court’s reasoning on relevancy of title in specific performance. (Para 6 , 8 , 9) |
| 4. distinction in documentary evidence for different suits. (Para 10 , 11 , 12) |
| 5. dismissal of the civil revision petition. (Para 13) |
ORDER :
V. LAKSHMINARAYANAN, J.
1. This Civil Revision Petition arises against the order passed by the learned Additional District Judge, Krishnagiri, in I.A.No.10 of 2022 in O.S.No.88 of 2020, dated 19.10.2022.
2. O.S.No.88 of 2020 is a suit for specific performance of a contract of sale. In the said proceedings, the defendants 1 to 3 filed an application under Order VIII Rule 9 of the Code of Civil Procedure, 1908, seeking to file an additional written statement to the suit. The reason for filing additional written statement was that the civil revision petitioner Mr.S.Gopi had got himself impleaded to the suit for specific performance and denied the title of defendants 1 to 3. Therefore, they wanted to project an unregistered deed recording the deliberations of a Panchayat held on 13.12.2002
Unregistered documents are not admissible for title claims but can be used to show familial relationships or status changes, crucial in specific performance cases under liberal pleading rules.
Unregistered sale agreements can be admitted as evidence in specific performance suits under the proviso to Section 49 of the Registration Act, despite the restrictions of Section 17(1A).
The court established that the civil court can entertain a suit for specific performance based on an unregistered sale agreement, and that the limitation point should be decided only on the judicial ....
The court emphasized the importance of considering the provisions of Section 49 of the Indian Registration Act, 1908 and the decision in S. Kaladevi Vs. V.R. Somasundaram in suits for specific perfor....
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
