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.

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 the respondents/defendants stating that there was a partition and an unregistered Partition Deed, dated 10.05.2000 was executed on a Rs.100/- Non- Judicial stamp paper. Said Document was executed between father of petitioners herein and respondent No.1 herein i.e. defendant No.1. For the purpose of impounding and to mark the same as an Exhibit, the document was sought to be sent to the District Registrar, Ranga Reddy District. Hence, a petition was filed under Section 47 of Indian Stamp Act.

4. The revision petitioners/plaintiffs filed counter opposing the petition denying the averments of the petitioner about the unregistered Partition Deed (Vibaga Patram) dated 10.05.2000. According to the revision petitioners/plaintiffs, the unregistered Partition Deed is a fake and created document. There was never a Partition Deed executed between the parties and Rs.100/- Non-judicial stamp paper was purchased in the name of one Dayanand S/o. Balaji and to whom, it is written as Kishanji, but later the name was altered to Eshwarji and therefore the Non-judicial stamp paper is invalid. The created document date is shown as 10.05.2000. However, the date on the signature of Eswarji is shown as 11.08.2000 and therefore, the document is invalid. Further, in paragraphs 3 and 4 of the affidavit, the Partition Deed date is mentioned as 20.05.2000, but the document date is 10.05.2000 and the date mentioned at the signature is 11.05.2000. Since there are three different dates on the Unregistered Partition Deed, said document is invalid in the eye of law. Therefore, the revision petitioners have sought dismissal of the Interlocutory Application.

5. The learned Trial Court upon considering the case of both the parties has held that the document is not sufficiently stamped and therefore the same cannot be received in evidence. It is further held that for the purpose of receiving the document, said document has to be impounded as requested by the respondents herein and therefore there is a need for sending the document to District Registrar for impounding. The defence raised by the respondents i.e., about the unregistered Partition Deed being a fake document or forged document in the eye of law cannot be considered in an Interlocutory Application. As such, the document was ordered to be sent for impounding to the District Registrar as no prejudice would be caused to the revision petitioners. Aggrieve