Case Note & Summary
The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civil Judge (Sr.Dn.) at Devanahalli. The plaintiff claimed a 1/4th share in the joint family properties, asserting that the parties constituted an undivided Hindu Joint Family. The defendants contested the suit, denying the plaint allegations except the relationship. They specifically claimed that a partition had already taken place among the family members, evidenced by an unregistered Panchayath partition deed dated 05.10.2008. During trial, the defendants sought to mark this document as an exhibit. The trial court, by order dated 28.11.2014 in Misc.No.21/2014, held that the document was inadmissible in evidence for want of stamp duty and for non-registration. Aggrieved, the defendants filed writ petitions under Articles 226 and 227 of the Constitution of India challenging that order. The High Court examined the legal position regarding admissibility of unregistered and insufficiently stamped documents. It noted that under Section 49 of the Registration Act, 1908, an unregistered document affecting immovable property is not admissible as evidence of any transaction affecting such property, but the proviso allows it to be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. The court held that the partition deed could be used for the collateral purpose of proving the fact of partition and division of status, as opposed to creating or extinguishing rights in immovable property. Regarding the stamp duty issue, the court observed that under Section 35 of the Karnataka Stamp Act, 1957, an instrument not duly stamped is inadmissible, but the court can impound the document and collect the deficit stamp duty and penalty before admitting it. The High Court therefore set aside the trial court's order and directed that the document be impounded, the deficit stamp duty and penalty be collected, and thereafter the document be marked as an exhibit for the collateral purpose of proving the fact of partition. The writ petitions were allowed accordingly.
Headnote
A) Civil Procedure - Admissibility of Documents - Unregistered Partition Deed - An unregistered partition deed, though insufficiently stamped, is admissible in evidence for a collateral purpose, such as proving the fact of partition or possession, but not for proving title or creating rights in immovable property - The court held that the document can be marked as an exhibit for collateral purpose, subject to payment of stamp duty and penalty as per Section 35 of the Karnataka Stamp Act, 1957 (Paras 4-10). B) Evidence Act - Collateral Purpose - Section 49 of Registration Act, 1908 - Proviso to Section 49 allows an unregistered document affecting immovable property to be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument - The court held that the partition deed could be used to show the fact of partition and division of status, which is a collateral purpose (Paras 5-8). C) Stamp Act - Insufficiently Stamped Document - Section 35 of Karnataka Stamp Act, 1957 - An instrument not duly stamped is inadmissible in evidence for any purpose, but the court can impound the document and collect stamp duty and penalty before admitting it - The court directed the trial court to impound the document and collect deficit stamp duty and penalty before marking it as an exhibit (Paras 9-10).
Issue of Consideration
Whether an unregistered and insufficiently stamped Panchayath partition deed is admissible in evidence for a collateral purpose in a suit for partition?
Final Decision
Writ petitions allowed. The impugned order dated 28.11.2014 passed by the Senior Civil Judge at Devanahalli in Misc.No.21/2014 is set aside. The trial court is directed to impound the document, collect the deficit stamp duty and penalty as per Section 35 of the Karnataka Stamp Act, 1957, and thereafter mark the document as an exhibit for the collateral purpose of proving the fact of partition.
Law Points
- Unregistered partition deed
- insufficiently stamped document
- admissibility for collateral purpose
- Section 35 of Karnataka Stamp Act
- 1957
- Section 49 of Registration Act
- 1908
- proviso to Section 49
- Order 13 Rule 1 CPC
