Case Note & Summary
The petitioners, Sri C. Chinnappa and Chandrashekar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.1.2015 passed by the XII Additional City Civil Judge, Bengaluru, in Execution Case No.1069/2011. The execution court had refused to allow the objector (petitioner) to mark a certified copy of an absolute sale deed dated 6.10.2006 as an exhibit during his evidence. The execution court reasoned that the document was still pending consideration before the concerned Sub-Registrar for under-valuation and was not yet registered as an absolute sale deed. The High Court examined the issue and held that the document was a certified copy and could be marked subject to the provisions of the Stamp Act and Registration Act. The court noted that the document was already registered and only pending for under-valuation, so Section 49 of the Registration Act, 1908 did not apply. The court also observed that the document could be marked and then the execution court could decide its evidentiary value at the final stage. The High Court allowed the writ petition, set aside the impugned order, and directed the execution court to permit the petitioners to mark the certified copy of the sale deed and then decide the issue of stamp duty and evidentiary value in accordance with law.
Headnote
A) Civil Procedure - Execution Proceedings - Admissibility of Documents - Marking of Sale Deed - The objector sought to mark a certified copy of an absolute sale deed dated 6.10.2006 in execution proceedings. The execution court refused on the ground that the document was pending registration before the Sub-Registrar for under-valuation. The High Court held that the document was a certified copy and could be marked subject to the provisions of the Stamp Act and Registration Act. The court directed the execution court to permit marking of the document and then decide its evidentiary value at the final stage. (Paras 1-6) B) Evidence Act, 1872 - Admissibility of Documents - Certified Copies - A certified copy of a sale deed is admissible in evidence under Section 65 of the Evidence Act, 1872. The fact that the original is pending registration does not bar the marking of a certified copy. The court must allow the document to be marked and then decide its weight. (Paras 4-6) C) Registration Act, 1908 - Section 49 - Effect of Non-Registration - Section 49 of the Registration Act, 1908 prohibits unregistered documents affecting immovable property from being received as evidence of any transaction affecting such property. However, a document which is not compulsorily registrable can be marked. In this case, the sale deed was already registered and only pending for under-valuation, so Section 49 did not apply. (Paras 4-6) D) Stamp Act, 1899 - Section 35 - Instruments not duly stamped - Section 35 of the Stamp Act, 1899 bars admission of insufficiently stamped document. However, if the document is already impounded and sent to the Collector, it can be marked subject to payment of deficit duty and penalty. The court directed the execution court to permit marking and then decide the issue of stamp duty. (Paras 5-6)
Issue of Consideration
Whether a certified copy of an absolute sale deed which is pending registration due to under-valuation can be marked as an exhibit in execution proceedings?
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 13.1.2015, and directed the execution court to permit the petitioners to mark the certified copy of the sale deed dated 6.10.2006 as an exhibit. The execution court was further directed to decide the issue of stamp duty and the evidentiary value of the document at the final stage in accordance with law.
Law Points
- Registration of document is not a condition precedent for admissibility
- Section 17 of Registration Act
- 1908 does not bar marking of document if it is not required to be registered
- Section 49 of Registration Act
- 1908 prohibits unregistered documents affecting immovable property from being received as evidence of any transaction affecting such property
- but a document which is not compulsorily registrable can be marked
- Section 35 of Stamp Act
- 1899 bars admission of insufficiently stamped document
- but if document is already impounded and sent to Collector
- it can be marked subject to payment of deficit duty and penalty
