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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Byroju Padma – Appellant
Versus
Pagidemuthal Uma – Respondent
ORDER :
NARSING RAO NANDIKONDA, J.
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the docket order dated 17.06.2019 passed in O.S.No.18 of 2010 by the V Additional District Judge (IIFTC), Warangal at Jangaon, which Court is now functioning as Principal District Judge, Jangaon.
2. The brief facts of the case are that the petitioners herein are defendant Nos.2 and 4 in the suit filed by the respondents/plaintiffs seeking partition and separate possession of the suit schedule house and agricultural properties into four shares and to allot 1/4th share to each plaintiff and to pass a preliminary and final decree by appointing an Advocate Commissioner to effect partition by metes and bounds.
3. Pending the said suit, the matter was posted for chief examination of PW-1 and marking of documents on 17.06.2019, the plaintiffs sought to mark a document dated 13.04.1990, which is an unregistered document styled as a partition/settlement copy. At that stage, the learned counsel for the defendants raised objection to marking of the said document and submitted memo along with citations contending that the said document is an unregistered partition deed-cu
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....
Law is not that in every case where a party sets up plea that court may look into an unregistered documents to show nature of possession that court would agree to it – Cardinal principle would be whe....
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.
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.
The main legal point established in the judgment is the admissibility of unregistered, unstamped documents for collateral purpose and the need to mark such documents subject to objections by the oppo....
Unregistered documents may be admissible for collateral purposes in partition suits, despite being inadmissible for primary purposes due to registration requirements.
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