Kamatchi Ammal vs Saroja
2021 Latest Caselaw 5198 Mad

                                                          CRP.NPD.No.4016 of 2016


          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED : 26.02.2021

                                  CORAM

          THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                      CRP.NPD.No.4016 of 2016 and
                         CMP.No.20269 of 2016

Kamatchi Ammal                                                 ..Petitioner
                                   Vs.
Saroja                                                   ..Respondent

PRAYER:
     The Civil Revision Petition is filed under Section 115 of CPC

praying against the fair and decretal order of the learned Subordinate

Judge, Dharapuram, Tiruppur District dated 08.03.2013 in IA.No.618

of 2012 in IA.No.763 of 2009 in OS.No.104 of 2006.

                 For Petitioner       : Mr.T.M.Hariharan

                 For Respondent       : Mr.B.Vijayakumar

                                  ORDER

This civil revision petition is filed against the fair and

decretal order of the learned Subordinate Judge, Dharapuram, Tiruppur

District dated 08.03.2013 in IA.No.618 of 2012 in IA.No.763 of 2009 in

OS.No.104 of 2006 thereby allowing the petition to receive the

unregistered and unstamped family arrangement deed in the final decree

proceedings.

2. The petitioner is the plaintiff. She filed suit for partition

CRP.NPD.No.4016 of 2016

in respect of the suit property as against the respondent and three others,

in which the respondent is the fourth defendant. The suit was decreed by

the judgment and decree dated 23.06.2009 in which all the parties were

allotted 1/5 share in the suit schedule property. Thereafter the petitioner

filed petition for final decree in IA.No.763 of 2009. In the final decree

application, Advocate Commissioner was appointed and he also submitted

his report with plan. At that juncture, the respondent / fourth defendant

filed petition to receive document alleged to have been executed by the

petitioner dated 18.05.2011 thereby the petitioner released her right in

favour of the respondent and other two brothers by the unregistered and

unstamped deed. The court below allowed the petition and received the

said document for the reason that the said document was executed by the

petitioner and other sister and brothers and it is a family arrangement

deed. Admittedly, the said document is an unstamped and unregistered

one. That apart, the petitioner denied the very execution of the said

document dated 18.05.2011 thereby released her right in respect of her

1/5 share in the suit property in favour of her brothers and the respondent

herein.

3. As rightly pointed out by the learned counsel for the

CRP.NPD.No.4016 of 2016

petitioner, the said document dated 18.05.2011 is inadmissible in evidence

even for collateral purpose, since it is unstamped and unregistered one.

Without considering the above, the court below allowed the petition.

Therefore, the order passed by the court below is perverse, illegal and

liable to be set aside.

4. Accordingly, this civil revision petition is allowed and the

order of the learned Subordinate Judge, Dharapuram, Tiruppur District

dated 08.03.2013 in IA.No.618 of 2012 in IA.No.763 of 2009 in OS.No.104

of 2006 is set aside. Further, the court below is directed to pass final

decree within a period of eight weeks from the date of receipt of copy of

this order. Consequently, connected miscellaneous petition is closed. No

order as to costs.

                                                                     26.02.2021
Speaking/Non-speaking order
Index    : Yes/No
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lok




                                                    G.K.ILANTHIRAIYAN,J.


                                      CRP.NPD.No.4016 of 2016



                                                         lok

To

The Subordinate Judge,
Dharapuram, Tiruppur District




                                CRP.NPD.No.4016 of 2016




                                               26.02.2021