Case Note & Summary
The petitioner, Lakhichand alias Lakhamichand s/o Kewalram Hariyani, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 19/11/2010 passed by the Trial Court in a civil suit. The order pertained to a document styled as 'Sammati Patra' which the petitioner sought to exhibit. The Trial Court held that in the absence of registration, the document was not admissible in evidence and could not be exhibited. The petitioner had earlier approached the High Court against a previous order dated 21/1/2011, wherein the Trial Court had held that the document was not a relinquishment deed and therefore did not require registration. That earlier writ petition (Writ Petition No.1122 of 2009) was disposed of by the High Court, which observed that the petitioner's objection that the document was a relinquishment deed was not pleaded and the existence of the document was not in dispute. However, the present petition challenged the subsequent order dated 19/11/2010. The High Court examined the nature of the document and found that it was indeed a relinquishment deed, as it purported to relinquish rights in immovable property. The court held that such a document requires compulsory registration under Section 17 of the Registration Act, 1908, and in the absence of registration, it is inadmissible in evidence under Section 49 of the Act. The court further noted that the objection as to admissibility could be raised at any stage of the proceedings. Consequently, the High Court dismissed the writ petition, upholding the Trial Court's order refusing to exhibit the document.
Headnote
A) Registration Act, 1908 - Compulsory Registration - Relinquishment Deed - Document styled as 'Sammati Patra' held to be a relinquishment deed creating rights in immovable property - Such document requires compulsory registration under Section 17 of the Registration Act, 1908 - In absence of registration, it is inadmissible in evidence under Section 49 of the Act - Trial Court's earlier order holding it not a relinquishment deed was erroneous - Held that the document cannot be exhibited (Paras 1-5).
Issue of Consideration
Whether the document styled as 'Sammati Patra' is a relinquishment deed requiring compulsory registration under Section 17 of the Registration Act, 1908, and consequently whether it is admissible in evidence without registration.
Final Decision
The High Court dismissed the writ petition, upholding the Trial Court's order dated 19/11/2010 refusing to exhibit the document 'Sammati Patra' for want of registration.
Law Points
- Document requiring registration under Section 17 of the Registration Act
- 1908 cannot be admitted in evidence if unregistered
- Section 49 of the Registration Act
- 1908 bars its use for proving any transaction affecting immovable property
- Objection as to admissibility of document can be raised at any stage of proceedings
