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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Shaik Hasanuddin – Appellant
Versus
Sneha Rural Development Society Represented by its President Shaik Kasim Saheb – Respondent
ORDER :
T. MADHAVI DEVI, J.
This Civil Revision Petition (CRP) is filed against the order of the I Additional District Judge at Suryapet dt.03.09.2025 in I.A.No.169 of 2025 in O.S.No.49 of 2019.
2. The suit was filed by the plaintiff for specific performance of the contract. Defendant No.1 filed I.A.No.169 of 2025 under Order 13 Rule 3 of CPC to reject and de-exhibit Ex.A.1 agreement of sale dt.07.04.2017. It is stated that the agreement of sale dt.07.04.2017 was marked during the chief examination, but at the time of marking the said document, neither defendant No.1 nor its counsel was present and that in Ex.A.1 original agreement of sale dt.07.04.2017, there is a recital that possession of the suit schedule was delivered to the party and in the plaint pleadings, it was also mentioned that possession was delivered and if possession was delivered, the said document is to be treated as sale deed and it requires stamp duty and penalty, but the plaintiff did not pay the required stamp duty and penalty and therefore, the said document cannot be marked. Therefore, it was prayed to reject and de- exhibit Ex.A.1 agreement of sale dt.07.04.2017. The same was opposed by the plaintiff by filing
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements under the Indian Stamp Act.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
Agreements of sale must be duly stamped to be admissible in evidence; insufficiently stamped documents are invalid if they do not confer actual possession.
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