Kholbahra vs Sitaram
2021 Latest Caselaw 2375 Chatt

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                                                                        NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                         W.P.(227) No. 533 of 2018
1.    Kholbahra, S/o. Shri Sukhram, aged about 58 years, Caste Satnami
2.    Chhatram, S/o. Shri Sukhram, aged about 54 years, Caste Satnami,
       Both are R/o. Village Jamgahan, Police Station and Tahsil Malkharouda,
       District - Janjgir Champa Chhattisgarh.
                                                               ---- Petitioners
                                   Versus
1.    Sitaram, S/o. Late Shyam Bandhu, aged about 54 years,
2.    Radheshyam, S/o. Late Shyam Bandhu, aged about 43 years,
       Both are R/o. Village Jamgahan, Police Station and Tahsil Malkharouda,
       District Janjgir Champa Chhattisgarh.
3.    Pakli Bai, D/o. Late Shyam Bandhu, aged about 56 years, R/o. Village
      Sarasdol, Police Station and Tahsil Malkharouda, District Janjgir
      Champa Chhattisgarh.
4.    State of Chhattisgarh, Through : Collector, Janjgir, District -Janjgir
      Champa, Chhattisgarh.
                                                            ---- Respondents

For Petitioners : Mr. Ishwar Jaiswal, Advocate For State/Respondent No.4 : Mr. Alok Nigam, Govt. Advocate

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board

16/09/2021

1. This petition has been filed being aggrieved by the order dated

07.04.2018, passed by the Civil Judge Class-II, Malkharouda, District -

Janjgir-Champa (C.G.), in Civil Suit No.25-A/2014, by which the prayer

of the petitioners/defendants for impounding the documents an

unregistered sale deed dated 10.03.1993 was rejected.

2. It is submitted by the learned counsel for the petitioners that the

impugned order is erroneous and against the provisions of law. The

documents though unregistered is useful for bringing evidence for co-

lateral purpose. Reliance has been placed on the judgment of Supreme

Court in case of Yellapu Uma Maheswari & Anr. Vs. Buddha

Jagadheeswararao & Ors., reported in AIR 2015 SCW 6184, in which

it is held that unregistered documents of partition can be relied upon for

co-lateral purpose and the same has been explained. Hence, the

petition be allowed and the relief be granted to the petitioners.

3. Notice issued to the respondents No.1 to 3 has been returned served,

but there is no appearance and no representation.

4. Learned State counsel appearing for respondent No.4 has made formal

objection.

5. Considered on the submissions. There appears to be no reason to

interfere with the impugned order. However, the petitioners, who are

placing reliance on unregistered document dated 10.03.1993, which

they claim to be a sale deed, is not acceptable in evidence as a

document of title as it is not registered under Section 17 of the

Registration Act, 1908, however, such a document can be useful for

bringing evidence for co-lateral purposes as it is permitted under

Section 49 of the Registration Act, 1908, regarding which, the learned

Hon'ble Supreme Court had discussed in the judgment of Yellapu Uma

Maheshwari (supra). Therefore, this petition is disposed off at motion

stage. The learned trial Court is directed to give opportunity to the

petitioners/defendants to bring evidence on the basis of the

unregistered document in accordance with the provision under Section

49 of the Registration Act, 1908.

Sd/-

(Rajendra Chandra Singh Samant) Judge Balram