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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
T. Shanmuga Bharathivel – Appellant
Versus
Prema – Respondent
| Table of Content |
|---|
| 1. introduction of the case and procedural background. (Para 1 , 2) |
| 2. petitioner claims possession under unregistered sale deed. (Para 3 , 4 , 5) |
| 3. legal objections surrounding document admissibility. (Para 6 , 7 , 16) |
| 4. respondents argue against document's admissibility. (Para 8 , 9 , 10) |
| 5. court's assessment of document marking and objections. (Para 12 , 13 , 14 , 15) |
| 6. procedure for document rejection and admissibility. (Para 17 , 18 , 23) |
| 7. supreme court decisions on document admissibility and collateral purposes. (Para 19 , 20 , 21) |
| 8. clarification on non-registration and its consequences. (Para 24 , 25 , 26) |
| 9. conclusion on inadmissibility of the document. (Para 27) |
| 10. final judgment dismissal and conclusion. (Para 28) |
ORDER :
1. The petitioner took out an application under Order XXI Rule 97 of CPC, in E.A.No.192 of 2025, for receipt of two documents, namely, the registered sale deed dated 05.08.1996 and an unregistered sale deed dated 25.03.2016 as exhibits in E.A.No.128 of 2024 (Application under Order XXI Rule 97 of CPC).The said application, on contest, came to be dismissed, as against which, the present revision petition has been filed.
2. I have heard Mr.N.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
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.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
The court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
Documents not duly stamped are inadmissible in evidence for any purpose under Section 35 of the Indian Stamp Act, including collateral purposes.
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