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Head Note

Civil Law  - Construction of Document

Held that the nomenclature given to the document is not decisive factor but the nature and substance of the transaction has to be determined with reference to the terms of the documents - Admissibility of a document is entirely dependent upon the recitals contained in that document but not on the basis of the pleadings set up by the party who seeks to introduce the document in question.

Civil Law  - Deed of Memorandum

Registration Act, 1908 - Section 17(i)(b) and 49 - Relinquishment - Right in Immovable Property - Deed of Memorandum - Document compulsorily registrable - Admissibility in evidence - Partition suit - Deed of memorandum is not registered - It becomes an inadmissible document as envisaged under Section 49 of the Registration Act - Exhibits B-21 and B-22 are the documents which squarely fall within the ambit of section 17 (i) (b) of the Registration Act and hence are compulsorily registerable documents - Same are inadmissible in evidence for the purpose of proving the factum of partition between the parties and for the purpose of proving primary purpose of partition.

Civil Law  - Deed of Memorandum

Registration Act, 1908 - Section 17(i)(b) and 49 - Relinquishment - Right in Immovable Property - Deed of Memorandum - Unregistered document - Unstamped document - Admissibility in evidence - Suit for partition - Held that an unregistered document can be relied upon for collateral purpose i.e. severance of title, nature of possession of various shares but not for the primary purpose i.e. division of joint properties by metes and bounds- An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded - If the appellants/defendants want to mark these documents for collateral purpose it is open for them to pay the stamp duty together with penalty and get the document impounded and the Trial Court is at liberty to mark Exhibits B-21 and B- 22 for collateral purpose subject to proof and relevance.

Topic(s)-Unregistered Document - Can be produced in evidence after paying Stamp Duty