Raghavender v. P. Bhasker Reddy

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No.3363 of 2018 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed questioning the Docket Order dt.15.02.2018 in O.S.No.16 of 2017 passed by the Junior Civil Judge at Narayanpet, whereby receipt of document i.e., non-possessory agreement of sale dt. 27.10.1995 is negated on the ground that it is a compulsory registerable document under Section 17 of Indian Registration Act and when such document was not registered, it cannot be received in evidence, in view of Section 49 of Registration Act.

Aggrieved by the Order under challenge, the present revision is filed by the petitioners herein/ defendants on the ground that the trial Court committed an error in rejecting the request of the petitioners to mark the document since the document can be received for collateral purpose, in view of the proviso to Section 49 of Registration Act, but the trial Court did not consider the request of these petitioners though the suit is filed for declaration of title by the plaintiff/ respondent herein and that the trial Court committed a grave error in rejecting the request of the petitioners to mark the document as exhibit on their behalf as it is non-possessory agreement of sale and it is not a sale deed even.

In such a case, the trial Court ought to have admitted the document in evidence and committed an error in passing the order impugned in this revision.

During hearing, learned counsel for the petitioners reiterated the grounds urged in the petition. Whereas, none appeared for the respondent/ plaintiff, despite service as the respondent refused to receive the notice in view of the postal endorsement and the

endorsement is filed along with the Memo and service is held sufficient.

As seen from the document, it is styled as Sale Deed and there is no recital agreeing to execute another document in terms of the present document. Therefore, the document is an outright sale deed, which is unregistered, and the value of the document is Rs.14,600/ - and out of which, an amount of Rs.10,000/ - was paid on the date of execution while agreeing to pay balance on the date of execution of sale deed. Thus, it means that the vendor of the petitioners agreed to execute another deed, so it would fall within the meaning of agreement of sale and not outright sale deed.

Therefore, the objection with regard to deficit stamp duty and penalty was complied, but only for non-registration of the document as required under Section 17 of the Registration Act, as amended by Andhra Pradesh Act, the trial Court rejected the request of the petitioners, but the Andhra Pradesh amendment to Registration came into force with effect from 01.04.1999 by Andhra Pradesh Act 4 of 1999, but the document in dispute is dt. 27.10.1995. Therefore, the document in dispute is executed four years prior to commencement of the Andhra Pradesh Amendment Act 4 of 1999 and consequently, Andhra Pradesh Amendment Act has no application to the present facts of the case. By the date of execution of the agreement of sale, the document in dispute is dt. 27.10.

1995 and it is not compulsorily registerable document and Clause (D) of Section 17(1) of the Registration Act has no application. Therefore, the document can be received in evidence though it is unregistered, based on the objection regarding the admissibility, in view of the bar under Section 49 of Registration Act is untenable.

the petitioners and consequently, the Order passed by the trial Court is liable to be set aside.

Accordingly, this Civil Revision Petition is allowed setting aside the Docket Order dt. 15.02.2018 in O.S.No.16 of 2007 passed by the Junior Civil Judge at Narayanpet, while directing the trial Court to admit the document in evidence, subject to any other objection under any other law. As a sequel, miscellaneous Petitions, if any, shall stand closed.

__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M. SATYANARAYANA MURTHY, J Dat e: 2 3 -1 1 -2 0 1 8 eh a

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.3363 of 2018 Dt. 23-11-2018 eha