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LAXMI NARAYANA ALISHETTY
Gugilla Aruna – Appellant
Versus
Adluri Ramesh Babu – Respondent
ORDER :
Heard Sri Bankatlal Mandhani, learned counsel for the petitioner. Despite service of notice, none appears for the respondents. Perused the material available on record.
2. The present Civil Revision Petition is filed questioning the validity and legality of the order, dated 09.04.2019, passed by the III Additional District Judge, Warangal in O.S.No.228 of 2013, whereby the trial Court declined to receive the unregistered Award dated 11.06.2010 as evidence on behalf of the plaintiff, on the ground that the same is hit by Section 17 of the Registration Act.
3. The brief factual background which led to filing of the present Revision is that the suit was filed for the relief of partition of the suit properties into five equal shares and to allot one such share to the plaintiff by meets and bounds. The defendants filed their written statement and later, issues were settled for trial and the trial commenced. During the course of trial, plaintiff filed her chief-examination affidavit and intended to mark an unregistered Award dated 11.06.2010 passed by the Arbitrators in respect of partition of the family properties. However, learned counsel for the defendants opposed to mark the sai
Unregistered documents may be admissible for collateral purposes in partition suits, despite being inadmissible for primary purposes due to registration requirements.
Unregistered documents, mandatorily registrable, cannot be admitted in evidence, even for collateral purposes, if they affect rights in immovable property, reinforcing the necessity of adherence to r....
An unregistered deed of partition excluding necessary parties cannot be admitted in evidence, even if stamp duties are paid, as it contradicts statutory requirements and coparcenership rights.
Suit for Perpetual/Permanent Injunction – Partition deed can be relied upon to the extent of collateral purpose, subject to payment of stamp duty, penalty, and proof of relevancy.
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
An unregistered and unstamped Release Deed cannot be admitted as evidence unless it is duly registered, as per Section 17 of the Registration Act.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
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