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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 :
2. I have heard Mr.N.Suresh, learned counsel for the revision petitioner and Mr.N.Manoharan for Mr.D.Vasanth, learned counsel for the respondents. I have also gone through the records, including the order impugned in the revision petition, besides various decisions on which reliance has been placed on by both the learned counsel.
4. In fact, Mr.N.Suresh, learned counsel for the revision petitioner, pointing out to the certified copies of th
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.
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