The High Court dismissed the revision petition filed by defendants challenging the trial court's refusal to admit an unregistered lease agreement as evidence, holding that the instrument attracted stamp duty payment as a condition precedent for admission.
The Civil Revision Petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Civil Revision Petition (PD) No.1362 of 2016 and C.M.P.No.7602 of 2016
1.S.Neela
2.D.Uma Devi
3.D.Shri Lakshmi
... Petitioners
vs
1.C.Meenakshi Sundaram 2.D.Durga Devi
... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned XII Assistant Judge, City Civil Court, Chennai, passed in O.S.No.6555 of 2012 on 31.03.2016.
For Petitioners : Mr.G.Krishnamumar *****
O R D E R
This revision challenges the order of learned XII Assistant Judge, City
Civil Court, Chennai, passed in O.S.No.6555 of 2012 on 31.03.2016.
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injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property contending that he is in lawful possession of the property in question on the basis of a lease agreement dated 24.04.2009 which was subsequently renewed on 29.01.2011. The suit was contested by the defendants by filing written statement.
in the agreement dated 29.01.2011, it was clearly indicated that the lease was for a period of 12 months and it expired even on 28.01.2012. Therefore, according to the first respondent, the occupation and possession of the plaintiff/first respondent herein without renewal of the lease is illegal.
for a period of 12 months was not registered. As rightly pointed out that as per Section 49 of the Registration Act, the unregistered agreement of lease dated 29.01.2011 attracts payment of stamp duty as a condition precedent for admitting it in evidence even for a collateral purpose. The trial Court further directed the Registry of the Court to examine and determine the correct stamp
duty payable by the first defendant on the instrument. As
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against the same, the present revision stands filed by the defendants 1 to 3.
by the court below. The Civil Revision Petition is accordingly dismissed.
02.06.2016
Index:yes/no Internet:yes
To The XII Assistant Judge, City Civil Court, Chennai
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C.T.SELVAM, J
kpr
Civil Revision Petition (PD) No.1362 of 2016
02.06.2016
2 issues framed by the court
Whether the trial court erred in refusing to admit an unregistered lease agreement under Section 49 of the Registration Act.
Whether the High Court should interfere with the trial court's order regarding stamp duty examination.
1 provisions across 1 enactments
S.Neela
D.Uma Devi
D.Shri Lakshmi
C.Meenakshi Sundaram
D.Durga Devi
C.T.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
