- (1.)The petitioners are the plaintiffs Aggrieved by order, dated 25-7-2003, in O.S.No.27 of 1995, they filed the present civil revision petitioner under Article 227 of Constitution of India.
(2.)The first petitioner is the wife of second petitioner, and is daughter of the first respondent. The petitioners filed the suit being O.S.No.27 of 1995 on the file of the Court of the Principal Junior Civil Judge, Addanki for declaration of title and for injunction in respect of items 1 to 3 of suit schedule property. Item 1 is the land to an extent of Acs.0.80 and items 2 and 3 are the lands to an extent of Acs.0.60 each. These agricultural lands are identified by patta No.26 in survey No.359 admeasuring Acs.5.59 (total extent). At the time of the trial, the plaintiffs sought to mark an agreement of sale, dated 4-4-1979, executed in their favour by respondents 1 to 3 (defendants 1 to 3) An objection was raised by the Counsel for defendants 4 to 10/ respondents 4 o 10 herein on two grounds, namely, the document offered as evidence is a sale deed and as it is improperly stamped the same cannot be admitted in evidence, and secondly, being a sale deed, in the absence of registration, it cannot be marked as evidence. By impugned order, the trial Court came to a conclusion that the suit document, which was sought to be marked as Ex.A.1 cannot be marked, as it is not registered and not properly stamped.
(3.)The learned Counsel for the petitioners, Sri VLNGK Murthy, submits that when the nature of the document is to be found out, the Court is required to refer to the averments and clauses in the document and any reference to the pleadings is impermissible. Secondly, he submits that when an objection is raised for marking a document as evidence, the Court has to mark such document recording the objection and at the stage of trial, permission to mark the document cannot be refused unless an objection is raised regarding improper stamp duty. Thirdly, he submits that the document, dated 4-4-1979, executed by respondents 1 to 3 herein in favour of the petitioners is the document, which records the gift given by the first respondent in favour of first petitioner at the time of marriage, and is an agreement of sale requiring the vendors to execute proper sale deed later and therefore the stamp duty paid is proper.