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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.GOVINDARAJAN THILAKAVADI
Gunasekaran – Appellant
Versus
Saraswathy – Respondent
ORDER :
K. GOVINDARAJAN THILAKAVADI, J.
This Civil Revision Petition is preferred against the order, dated22.02.2024 passed in I.A.No.82 of 2022 in O.S.No.19 of 2019 on the file of the Additional District, Paramakudi, dated 22.02.2024.
2. The revision petitioners are the defendants 4 and 5 in the above said suit. The respondent as plaintiff filed the said suit in O.S.No.19 of 2019 on the file of the Additional District, Paramakudi for partition and for permanent injunction restraining the defendants from encumbering the suit property. Pending suit, the revision petitioners/defendants filed an application in I.A.No.82 of 2022 for marking a release deed, dated 28.07.1992 after paying the stamp duty required. The said document was resisted on the side of the respondent/plaintiff stating that the said document requires compulsory registration and stamp duty. The trial Court considering the averments made in the petition and counter affidavit and the arguments advanced by the respective counsels dismissed the said application. Aggrieved by the same the present revision is preferred.
3. The learned counsel appearing for the revision petitioners would submit that the respondent/plaintiff fil
Unregistered and unstamped documents cannot be admitted as evidence, even upon payment of stamp duty, highlighting the necessity of meeting registration requirements as per relevant laws.
An unregistered and unstamped Release Deed cannot be admitted as evidence unless it is duly registered, as per Section 17 of the Registration Act.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
The admissibility of unregistered documents for collateral purposes and the process of impoundment and penalty for inadequate stamping were central to the judgment.
An unregistered document which is compulsorily registerable cannot be admitted in evidence except in specific circumstances, as highlighted by the relevant provisions of the Indian Registration Act, ....
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