Madras High Court
Jayachandiran vs Sengan on 25 January, 2022
CRP.PD.No.54/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP.PD.No.54/2022 & CMP.No.352/2022
(Heard through Video Conferencing)
Jayachandiran ... Petitioner
Vs
Sengan ... Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the fair and decreetal order dated 05.03.2021 passed by the
learned II Additional District Munsif Judge, Kallakurichi made in
IA.No.50/2021 in OS.No.339/2012 and allow the same.
For Petitioner : Mr.D.Murugan
1/6
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CRP.PD.No.54/2022
ORDER
(1) The petitioner is aggrieved by the rejection of his application for
production of documents, in respect of one document which is stated
to be a Mortgage Deed dated 05.05.2000.
(2) The suit was filed by respondent and one Selvaraj for bare
injunction. The petitioner resisted the suit contending that the
property was settled on one minor Krishnan by his maternal
grandfather appointing his father Appavu Padayachi as guardian.
The said Appavu Padayachi was in enjoyment of the property as
guardian of the minor. The said Appavu Padayachi had borrowed
monies from the defendant's father by mortgaging the said property
on 05.05.2000. After the death of the defendant's father in the year
2012, the said Appavu Padayachi had sold the property to the
defendant under a Registered Sale Deed.
(3) In the course of the suit, the defendant sought to file eight
documents. The 2nd document of the eight documents is the
Mortgage Deed dated 05.05.2000. The said document is an
unregistered, unstamped Mortgaged Deed for a sum of Rs.75,000/-.
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CRP.PD.No.54/2022
The 3rd document is a Sale Deed dated 16.02.2021 executed by
Appavu Padayachi in favour of the defendant and the 4th document
is a Rectification Deed.
(4) The Trial Court admitted the other documents, except the document
dated 05.05.2000, on the ground that it is unstamped and
unregistered and hence, cannot be relied upon for any purpose. The
learned District Munsif, relied upon the judgment of this Court in
A.C.Lakshmipathi and Another Vs. A.M.Chakrapani Reddiar and
Others reported in 2001 [1] MLJ 1.
(5) Mr.D.Murugan, learned counsel for the petitioner would vehemently
contend that the Trial Court erred in rejecting the document.
According to him, in view of Section 49 of the Registration Act, an
unregistered document can be relied upon for collateral purposes.
He would also draw my attention to proviso to Section 35 of the
Stamp Act, which enables the admission of an unstamped instrument
on payment of stamp duty and penalty.
(6) I do not think that those enabling provisions can be invoked by the
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CRP.PD.No.54/2022
defendant/petitioner in the case on hand. The defendant claims title
to the property under a registered Sale Deed of the year 2012
executed by Appavu Padayachi. The document which is now
sought to be produced is a mortgage executed by Appavu Padayachi
in the year 2000. Now that the defendant claims to have acquired
title to the property itself in the year 2012 and he has also produced
the Sale Deed dated 16.02.2012, executed by Appavu Padayachi in
his favour, the unregistered Mortgage Deed cannot be of any use to
the defendant to establish his possession. The defendant is setting
up title under a Sale Deed which has been registered. The plaintiffs
are claiming that Appavu Padayachi did not have title to the
property. Therefore, the real dispute is not the possession of the
property but the title of Appavu Padayachi. I do not see as to how
this document which has been rejected would be of any help to the
petitioner/defendant in the suit. Therefore, I am unable to fault the
Trial Court for having rejected the document on the ground of non-
registration and non-stamping.
(7) In the result, this Civil Revision Petition fails and it is accordingly
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CRP.PD.No.54/2022
dismissed. No costs. Consequently connected Civil Miscellaneous
Petition is closed.
25.01.2022
AP
Internet : Yes/No
Index : Yes/No
Speaking/Non Speaking
To
The II Additional District Munsiff
Kallakurichi.
https://www.mhc.tn.gov.in/judis
CRP.PD.No.54/2022
R.SUBRAMANIAN, J.
AP
CRP.PD.No.54/2022
25.01.2022
https://www.mhc.tn.gov.in/judis
