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ANDHRA PRADESH HIGH COURT
A. V. Ramakrishna, J
Bhaskarabhotla Padmanabhaiah v. B. Lakshminarayana
| Table of Content |
|---|
| 1. introduction of petition details. (Para 1) |
| 2. discussion on admissibility and legal interpretation of documents. (Para 2 , 6 , 7) |
| 3. court's examination of previous case laws regarding partition documents. (Para 3 , 4 , 5 , 8) |
| 4. conclusion on the broader implications of admissibility in court. (Para 9) |
| 5. final ruling on the petition. (Para 10) |
1. This is a petition to revise the order of the Munsif - Magistrate, Secunderabad in O.S. No.31/1/1957 on his file holding that the document produced; by the plaintiff when he was deposing as P.W.1 in that suit was not admissible in evidence on the ground that it was 'an instrument of partition' and was not duly stamped and not, registered.
2. Two points have been argued before me by the learned Advocate for the plaintiff. They are as folows :
(a) that the document is not an 'instrument of partition' coming under S.2 (15) of the Indian Stamp Act ; and
(b) that, in any case, even if it is an instrument of partition, it is admissible in evidence for proving division in status.
3. (a) Point No.1: In Bapayya v. Ramakrishnayya , 1938-1 Mad. LJ 582 : (AIR 1938 Mad. 568) it was held by the Madras High Court that where unregistered part
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