Case Note & Summary
The revision petitioner, T. Shanmuga Bharathivel, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order of the Principal Subordinate Judge, Villupuram, dated 24.09.2025, in E.A.No.192 of 2025 in E.A.No.128 of 2024 in E.P.No.104 of 2019 in O.S.No.67 of 2018. The petitioner had taken out an application under Order XXI Rule 97 CPC for receipt of two documents: a registered sale deed dated 05.08.1996 and an unregistered sale deed dated 25.03.2016, as exhibits in the pending application under Order XXI Rule 97 CPC. The trial court dismissed the application, leading to the revision. The petitioner claimed possession of the subject property under the unregistered sale deed and argued that the documents were necessary to establish his possession, which was prior in time to the decree holder's right. The respondents opposed the marking. The High Court, after hearing both sides, held that an unregistered sale deed, though not admissible to prove title, is admissible for collateral purposes such as proving the character and starting point of possession. The court noted that the documents had already been marked as Ex.P1 and Ex.P2 without objection, and the trial court's refusal to receive them was erroneous. The court allowed the revision petition, set aside the impugned order, and directed the trial court to receive the documents subject to payment of stamp duty and penalty as per law. The court also directed the trial court to dispose of the main application under Order XXI Rule 97 CPC within three months.
Headnote
A) Civil Procedure - Execution Proceedings - Admissibility of Unregistered Document - Order XXI Rule 97, Section 115 Code of Civil Procedure, 1908 - Section 49 Registration Act, 1908 - The revision petitioner sought to mark an unregistered sale deed in an application under Order XXI Rule 97 CPC to prove his possession. The trial court dismissed the application. The High Court held that an unregistered sale deed, though not admissible to prove title, is admissible for collateral purposes such as proving the character and starting point of possession. The court allowed the revision, setting aside the trial court's order and directing that the documents be received subject to payment of stamp duty and penalty. (Paras 1-21) B) Evidence - Admissibility of Unregistered Document - Collateral Purpose - Section 49 Registration Act, 1908 - The court clarified that an unregistered document affecting immovable property can be admitted as evidence of a collateral transaction not required to be registered. The possession of the revision petitioner being prior in time to the decree holder's right was a collateral fact, and the unregistered sale deed was necessary to establish that fact. (Paras 6-21)
Issue of Consideration
Whether an unregistered sale deed can be received as evidence in an application under Order XXI Rule 97 CPC for the collateral purpose of proving possession.
Final Decision
The High Court allowed the Civil Revision Petition, set aside the order dated 24.09.2025 in E.A.No.192 of 2025, and directed the trial court to receive the documents subject to payment of stamp duty and penalty as per law. The trial court was directed to dispose of the main application under Order XXI Rule 97 CPC within three months.
Law Points
- Unregistered sale deed admissible for collateral purpose
- Order XXI Rule 97 CPC
- Section 115 CPC
- Section 49 Registration Act
- 1908
- Stamp Act
- 1899
