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2020 Supreme(Telangana) 535

M.S.RAMACHANDRA RAO
Vinay Singh – Appellant
Versus
Ramesh Singh – Respondent


Advocates:
Vedula Srinivas, Advocate, Sunil B Ganu, Advocate

JUDGMENT

M.S.Ramachandra Rao, J. - This Revision is filed under Article 227 of the Constitution of India challenging the order dt.21.01.2010 in O.S.No.380 of 2012 of the IX Additional Chief Judge, City Civil Court, Hyderabad.

2. In the said Docket Order, the said Court had held that a document dt.21.4.1997 styled as "Deed of declaration of partition between coowners" executed by the 1st respondent/plaintiff in the said suit and which was tendered in cross-examination and confronted to P.W.1, is inadmissible in evidence for want of registration, and that it is a compulsorily registerable document under Section 17 of the Registration Act, 1908.

3. The Court below in the impugned order had mentioned that the recitals in the document show that there is division of shares and allotment of shares, that there is a reference also to relinquishment of interest of the parties therein in the properties allotted to each party, that it does not record past events or understandings, and is therefore compulsorily registerable; and because it is not registered, it is inadmissible in evidence.

4. The learned counsel for the petitioners/defendants 1 to 3 contended that the Court below erred in taking















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