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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
K. Laxman – Appellant
Versus
K. Kishanji – Respondent
ORDER :
RENUKA YARA, J.
1. Heard Mr. K. Jagadishwar Reddy, learned counsel for the petitioners/respondents/plaintiffs and Mr. K. Madhusudhan Reddy, learned counsel for respondent No.1/petitioner No.1/defendant/No.1. Perused the record.
2. This Civil Revision petition is filed aggrieved by the Order dated 03.04.2023 in I.A.No.137 of 2023 in O.S.No.447 of 2013 on the file of the II Additional District Judge, Ranga Reddy District at L.B. Nagar (for short ‘the Trial Court’), wherein, a petition filed under Section 47 of Indian Stamps Act r/w Section 151 of CPC to send a document to the District Registrar for impounding, has been allowed.
3. The brief facts of the case are that the petitioners/ plaintiffs filed a suit for perpetual injunction against the respondents herein to restrain them from causing interference with the peaceful possession and enjoyment of the suit schedule property consisting of land in Sy.Nos.126, 127 and 128 admeasuring Ac.6.03 Gts., known as Baltoon, Bowly, Sivar Mouza, Kongara Khurd (A), Maheshwaram Mandal, Ranga Reddy District. Further, during trial, there was a need for marking an unregistered Partition Deed, dated 10.05.2000. The said document was produced by
An unregistered Partition Deed cannot be admitted for primary purposes but may be impounded for collateral purposes under the Indian Stamp Act, following the proper procedures.
The registration of a partition deed is not mandatory under the Maharashtra Stamp Act, and insufficiently stamped documents can be admitted in evidence upon payment of stamp duty.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
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 unstamped partition document is inadmissible for partition terms but may prove division in status if duly stamped.
An unregistered and unstamped Release Deed cannot be admitted as evidence unless it is duly registered, as per Section 17 of the Registration Act.
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.
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