15.In support of his argument that the lower appellate Court has relied the unregistered document, the learned counsel would rely on the judgment of the Hon'ble Supreme Court in the case of KB.Saha and Sons Private Limited Vs. Development Consultant Limited reported in 2008 (5) CTC 260 , where, the Hon'ble Supreme Court has held that the document, which requires compulsory registration, is not a registered document and it cannot be used as an evidence. However, it can be used to prove a collateral transaction, which was not available in the instant case since the defendant has claimed title on the basis of Ex.B6, which is clearly evident from paragraph 10 of the defendant's written statement and also her evidence. He would also rely on the judgment of our Court in the case of M.Subramani Vs. P.Shanmugam and others reported in 2007 (4) CTC 125 , wherein, the learned Judge of this Court has held that the recital as the boundaries cannot be relied upon by the Court without examining the gift executance and therefore, the reliance upon Ex.B8 and Ex.B9 is totally misconceived.
