Kumar v. Muniammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2026
CORAM
THE HONOURABLE MR.JUSTICE S. SOUNTHAR C.M.P.No.297 of 2026 Kumar Petitioner(s) Vs
1. Muniammal 2.Venkatesan 3.Vedhagiri Respondent(s) PRAYER:- The Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the docket order dated 17.09.2025 in O.S.No.40 of 2024 passed by the learned District Munsif cum Judicial Magistrate at Thirukkalukundram by allowing the Revision Petition. For Petitioner (s):
Mr.B.Sudhakar (No appearance)
ORDER
There is no representation for the petitioner in the forenoon as well as in the afternoon.
2.The Civil Revision Petition is filed challenging the docket order passed by the trial Court refusing to mark a sale deed dated 05.04.2008. A perusal of the said document would indicate it appears to be a sale of a Government Poromboke property in favour of the petitioner Kumar's wife Arunadevi by Loganathan, the husband of the first respondent and father of the respondents 2 and 3 for a sale consideration of Rs.96,000/-. Since the purported sale is of immovable property for value of more than Rs.100/-, the same is compulsorily registrable one and the document has not been registered. Further the document has been executed in a twenty rupees stamp papers and hence proper stamp duty has not been paid on the document.
In view of the bar under Section 35 of Indian Stamp Act, read with bar under Sections 17 and 49 of Registration Act, the document cannot be admitted in evidence. Further, bar under Section 35 of Indian Stamp Act, is a total one the document cannot be admitted for any purpose including the collateral purpose. In view of the same, the trial Court refused to mark the document by impugned order, I do not find any irregularity or illegality in the order passed by the trial Court. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
09-01-2026 ep Index:Yes/No Speaking/Non-speaking order Internet:Yes
To The District Munsif cum Judicial Magistrate Thirukkalukundram.
S.SOUNTHAR J.
ep C.M.P.No.297 of 2026 09-01-2026