Megaraj Agarwal And 2 Others v. Jangala Gandaiah And 15 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 0 5 8 OF 2 0 1 6 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioners aggrieved by the order dated 08.02.2016 passed in I.A.No.83 of 2016 in O.S.No.413 of 2007 by the XI Additional District Judge (Fast Track Court), Ranga Reddy District at L.B. Nagar, whereby the application filed under Order 65(c) read with Section 151 of CPC by the revision petitioners/ defendant Nos.11 to 13, to lead secondary evidence by receiving the colour xerox copy of unregistered sale deed dated 26.03.1995, was dismissed.

2.

Heard learned counsel for the revision petitioners/ defendant Nos.11 to 13, learned counsel for the respondents and perused the record.

3.

Admittedly, unregistered sale deeds cannot be marked in evidence. No material is placed to show that stamp duty and penalty was collected on the unregistered sale deed dated 26.03.1995. Even if the said document is impounded, it cannot be received in evidence to establish title to the property. The Court below had assigned number of reasons and dismissed the application by way of impugned order. There is no perversity in the impugned order. This revision petition is devoid of merit and is liable to be dismissed.

4.

In the result, the Civil Revision Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 09.12.2019 ssp