3. The respondent herein filed petition ATC No.2 of 2001 against the petitioners for eviction under Andhra Tenancy Act. The petitioners herein resisted the same, inter-alia, on the ground that they are in possession of the property as tenants as usufructuary mortgagees. In support of their plea, they sought permission to receive the unregistered usufructuary mortgage deed dated 26.03.1976 through RW.1. The respondent herein objected for the same on the ground that the document is usufructuary mortgage, which requires compulsory registration and hence, it is inadmissible in evidence by virtue of the bar contained under Section 49 of the Registration Act, even if, necessary stamp duty and penalty is paid thereon. The petitioners, on the other hand, would contend that under the proviso to clause [c] of Section 49 of the Registration Act, the document though requires registration and though unregistered, still admissible in evidence for the collateral purpose showing the nature of their possession. Learned counsel for the respondent on the other hand contend that the purpose for which the document is sought to be exhibited by the petitioners is not collateral but the main purpose, namely, to prove
