Chavva Rama Thulasamma v. Chavva Raghunatha Reddy

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.1586 OF 2016 Between:

Chavva Rama Thulasamma.

Petitioner.

And:

Chavva Raghunatha Reddy and others.

..Respondents.

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.1586 OF 2016 ORDER:

This revision is preferred against order dated 23rd July, 2015 in O.S.No.247 of 2009 on the file of Senior Civil Judge, Proddatur, Kadapa District.

Revision petitioner herein is first defendant in O.S.No.247 of 2009 wherein the plaintiff i.e., first respondent herein produced an unregistered document dated 28-5-1970 and the petitioner herein objected for receiving it in evidence and the court below by overruling the objection, treating that document is only an adoption deed, permitted to be marked on behalf of plaintiff. Aggrieved by the said order, present revision is preferred. Heard both sides.

Advocate for revision petitioner submitted that from a reading of the recitals in the document, it conveys property in favour of plaintiff and therefore, that document requires stamp duty and registration, for want of that, it cannot be admitted in evidence. He further submitted that court below without considering the objection of the first respondent in proper way overruled it which is not legal and correct.

On the other hand, advocate for plaintiff submitted that as there is a dispute with regard to adoption also, this document is produced and as it is only a adoption deed, it does not require registration and trial court has rightly overruled the objection of first defendant.

I have perused the material papers including alleged adoption deed dated 28-5-1970.

On a consideration of contentions and rival contentions of both parties including recitals of document while upholding the order of the court below, it is made clear that this document shall be looked into only in respect of the issue touching alleged adoption and not for any other purpose.

With the above observation, this revision is dismissed. No costs.

As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed.

____________________ JUSTICE S.RAVI KUMAR Dvs.

HONOURABLE SRI JUSTICE S.RAVI KUMAR

CIVIL REVISION PETITION No.1586 OF 2016 Dvs