Street vs Gurram Rama Rao on 5 March, 2026

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    Andhra Pradesh High Court – Amravati

    Street vs Gurram Rama Rao on 5 March, 2026

    APHC010549512025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                      [3311]
                              (Special Original Jurisdiction)
    
          Thursday, the fifth day of March two thousand and twenty six
                                      Present
                 The Honourable Ms. Justice B. S. Bhanumathi
                       Civil Revision Petition No.2730 of 2025
    Between:
       Maneger Chinna Honnur Saheb, S/o.Late M.Rahiman, aged about
       60 years, Agriculturist and landlord, R/o.D.No.2
                                               R/o.D.No.2-41--1, Maneger
       Street, Kanekal village and mandal, Ananthapuramu District.
    
                                                                 ...Petitioner
    
                                        and
        1. Maneger Pedda Sarma Saheb, S/o. Late M.Rahiman, aged
        about 72 years, agriculturist and landlord, R/o.D.No.2
                                                    R/o.D.No.2-98,
                                                               98, Maneger
        Street, Kanekal village and mandal, Ananthapuramu District.
    
        2. Maneger Chinna Sarma Saheb, S/o.Late M.Rahiman, aged
        about 70 years, agriculturist and land lord, Kanekal village and
        mandal, Ananthapuramu District
                                                           .....Respondents
    
    
    Counsel for the petitioner:
                     etitioner:
       1. S. Krishna Reddy
    
    Counsel for the respondent
                     espondents:
       1. P. Sravan Kumar Reddy
       2. Veerendranath Maddineni
                                     2
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                                        C.R.P.No.2730 of 2025
    
    
    The Court made the following:
                                          3
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                                                             C.R.P.No.2730 of 2025
    
    
    ORDER:

    This revision petition is filed by the petitioner / plaintiff under
    Article 227 of the Constitution of India challenging the order dismissing
    I.A.No.34 of 2023 in O.S.No.05 of 2013 on the file of the Court of
    Prl.Civil Judge (Senior Division), Ananthapuramu filed by the plaintiff
    under Order XIII, Rule 3 and Section 151 of C.P.C. to demark the
    document of photostat copy of an unregistered partition deed dated
    11.10.1985, marked as Ex.B13.

    2. The plaintiff filed suit initially only against the defendant No.1 for
    partition of the suit schedule property stating that the suit schedule
    landed property of Ac.3.65 cents in S.No.980 in Kanekal village,
    Ananthapuramu district was purchased in the names of the plaintiff and
    the defendant No.1 vide a registered sale deed dated 09.06.1975 when
    the plaintiff was a minor and that the defendant No.1 used to cultivate
    the land and give the share of the plaintiff, but as the defendant No.1
    was not paying any rental amount and failed to give the share of the
    property to the plaintiff when he demanded for partition of the same.

    SPONSORED

    3. The defendant No.1 filed a written statement admitting the case of
    the plaintiff that the suit schedule property was jointly purchased and
    both of them had half share each in it, but the same was divided into
    equal halves as per the recitals of the partition deed cum settlement
    agreement dated 11.10.1985 and that the entries in revenue records
    were mutated and pattadar pass books were issued, but suppressing
    the facts, the suit was filed. He also pleaded that the plaintiff and the
    defendant No.1 have brothers and five sisters and the suit is bad for
    their non-joinder.

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    C.R.P.No.2730 of 2025

    4. Later, the defendant No.2, who is one of the brothers of the
    parties to the suit, was impleaded through I.A.No.399 of 2013. The
    defendant No.2 filed a written statement pleading collusion between the
    plaintiff and the defendant No.1 in filing the suit. He further pleaded that
    their father purchased a number of landed properties and got them
    registered not only in his name, but also in the names of his children. As
    there were some disputes in the family, the father of the parties orally
    partitioned the landed properties. Each sharer has been enjoying their
    respective share of land within specific boundaries. Evidencing the oral
    partition on 11.10.1985, a family settlement deed was executed with the
    consent of all his sons. The father and all his sons signed the settlement
    deed dated 11.10.1985. As per the settlement, the suit schedule
    property fell to the share of the defendants Nos.1 and 2. The northern
    portion fell to the share of the defendant No.2 and the southern portion
    fell to the share of the defendant No.1. Both the defendants submitted
    an application to the gram panchayat for approval of lay out of the suit
    schedule property into plots. The gram panchayat approved the lay out
    bearing No.56 dated 19.07.1997. Plot Nos.1 to 44 on the southern side
    of the suit schedule property fell to the share of the defendant No.1.
    Northern side plot Nos.1 to 40 and plot No.9A fell to the share of the
    defendant No.2. The defendant No.2 sold 15 number of the plots to third
    parties in the year 1999 under various registered sale deeds and gifted
    some of the plots to his daughters, namely Dislshad, Hazarabi and
    Parvin. The names of the purchasers are mentioned. Some of the
    purchasers (whose names are mentioned) constructed houses in the
    sites purchased by them. They obtained electricity connections from
    A.P.C.P.D.C.L. authorities. The plaintiff knows all these facts. The suit is
    bad for non-joinder of necessary parties and liable to be dismissed. The
    plaintiff filed the suit taking undue advantage of the sale deed dated
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    C.R.P.No.2730 of 2025

    09.06.1975. The suit schedule property as described in the plaint does
    not exist. The suit is not maintainable and liable to be dismissed.

    5. Thereafter, in response to the written statement of the defendant
    No.2, the defendant No.1 filed an additional written statement denying
    the case pleaded by the defendant No.2 in his written statement with
    regard to allotment of the suit schedule property to the defendants and
    also the lay out obtained and the sales. It is further pleaded that the
    defendant No.2 ought to have taken steps to implead all the parties
    named by him in his written statement and as he had not taken such
    steps, the pleadings of the defendant No.2 shall be rejected and that the
    averments in the written statement are false, baseless and cooked up to
    blackmail the defendant No.1.

    6. During course of the trial, when the defendant No.1 / D.W.1 filed
    his affidavit in chief-examination showing the partition cum settlement
    deed dated 11.10.1985 as the list document No.1 to be marked as
    Ex.B1, along with the other documents at serial Nos.2 to 18, the said
    partition cum settlement dated 11.10.1985 was not received in
    evidence. Subsequently, when the defendant No.2 was examined as
    D.W.2, a copy of the partition cum settlement deed dated 11.10.1985,
    along with the original proceedings issued by the Tahsildar, Kanekal on
    the application of the defendant No.2 under the Right to Information Act,
    2005
    , was marked as Ex.B13.

    7. Aggrieved by the same, I.A.No.34 of 2023 noted above was filed
    by the plaintiff to demark Ex.B13 on the grounds that the document was
    marked in the absence of the counsel for the plaintiff; that the
    document, enclosed to the original proceedings issued by the Tahsildar,
    Kanekal marked as Ex.B.13, is a photostat copy, not produced from
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    C.R.P.No.2730 of 2025

    proper custody and cannot be a primary evidence or secondary
    evidence and the same cannot be marked as documentary evidence as
    Ex.B.13; that earlier the same document was not marked as objected at
    the time of evidence of D.W.1 due to its inadmissibility in evidence and
    that the defendant No.2 / D.W.2, having knowledge of the same,
    fraudulently got it marked.

    8. The petition was opposed by filing the counter of the respondent
    No.2 / defendant No.2 denying the averments of the petition and further
    stating that this respondent filed a petition to receive the documents
    vide I.A.No.571 of 2022 on 27.09.2022 after serving copies of all the
    documents along with the petition to the counsel for the plaintiff and also
    the counsel for the defendant No.1 and the said petition was allowed on
    09.11.2022 and thereafter, on 22.11.2022, the chief-examination
    affidavit of D.W.2 was filed after furnishing copy of the affidavit and later
    documents were marked as Exs.B.11 to B.41 as the counsels for the
    plaintiff and the defendant No.1 had not taken any objection for marking
    of any document and the case was adjourned for cross examination of
    D.W.2. It is further stated that Ex.B.13 was obtained under the Right to
    Information Act
    and admissible in evidence. It is also stated that the
    plaintiff himself requested the Tahsildar to mutate his name and to an
    extent of Ac.1.00 in S.No.977 which is not the suit schedule property,
    but fell to his share in the said partition, by enclosing the unregistered
    partition-cum-settlement deed dated 11.10.1985 and accordingly, the
    entries in the revenue records were mutated by the Tahsildar and
    pattadar pass book and title deed were issued and thus, the plaintiff
    himself used the unregistered partition deed and has no ground to seek
    demarking of the document without any valid ground and that the
    evidentiary value of the document already marked can be decided at the
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    time of pronouncement of judgment. This respondent contended that
    the petitioner played fraud and filed the petition to drag on the
    proceedings and requested to dismiss the petition.

    9. The respondent / defendant No.1 reported no counter.

    10. After hearing the petitioner and the respondent No.2, the trial
    Court dismissed the petition holding that the document in question titled
    as ‘odambadika oppudala khararu’ is not a partition deed, but is an
    agreement for partition agreeing to get a partition deed executed and
    cannot be questioned, that too at a subsequent stage and further that
    the petitioner, being a party to the proceedings, is at liberty to challenge
    the genuineness of the public document i.e., the certified copy of a
    public document issued by Public Information Officer. It is also
    observed that the unregistered agreement of partition deed in the
    present case does not require registration and cannot be demarked as
    in the case of an unregistered agreement of sale if the agreement of
    sale is unregistered one.

    11. Aggrieved by the order, this revision petition was filed.

    12. The learned counsel for the revision petitioner submitted that the
    document in question is not an agreement, but a partition deed and
    requires registration and therefore, without deciding its admissibility in
    evidence, the same cannot be admitted in evidence. He further
    submitted that a photostat copy of a partition deed cannot be marked as
    secondary evidence as the original document requires registration and
    proper stamp duty, particularly when no step has been taken to cause
    production of its original. He further submitted that it is not a public
    document even if it is with the custody of Tahsildar and a certified copy
    of it cannot be issued by the Tahsildar unlike any other document, such
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    C.R.P.No.2730 of 2025

    as registers, etc., maintained in his office. He further submitted that the
    photostat copy of the partition deed said to be given by the Tahsildar is
    not a certified copy since it was not compared with its original. He
    further submitted that a photostat copy cannot be received in evidence
    even for collateral purpose as stamp duty can be collected only on an
    original document. That apart, he contended that the photostat copy of
    the partition deed was not directly marked as Ex.B.13, but showing it as
    annexure to the proceedings of Tahsildar under the R.T.I.Act, the
    document was brought in evidence in a back door method, since it was
    already objected when tendered through D.W.1 and the Court was not
    inclined to receive it in evidence in view of the objections raised by them
    regarding its admissibility in evidence. He further submitted that when
    a document is inadmissible in evidence due to statutory prohibition, it
    can be demarked at any stage and therefore, the observation of the trial
    Court that it cannot be raised at a subsequent stage is incorrect.

    13. In support of his arguments, he placed reliance on the following
    decisions:-

    (i) A.P.Laly Vs. Gurram Rama Rao 1 , wherein it was held at
    paragraphs Nos.30 & 31 as follows:

    “30. Thus, in the absence of consideration of application
    of Rule 3 of Order 13 to the cases of improperly admitted
    documents, the arguments advanced on the basis of
    such decision is of no avail. I am of the opinion that the
    decisions of this Court in Syed Yousuf Ali Vs. Mohd.
    Yousuf
    [2016 (2) ALT 557] and Srinivasa Builders Vs.

    1
    2017 (5) ALT 753
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    C.R.P.No.2730 of 2025

    A. Janga Reddy (died) per L.Rs. [2016 (2) ALT 321] do
    not require any elaboration or clarification. It is also
    relevant to notice that a learned single Judge of this
    Court, who rendered the decision in Syed Yousuf Ali’s
    case (supra), rendered another decision in S. Mohan
    Krishna Vs. V. Varalakshmamma [2017 (5) ALT 264] to
    the same effect. The Court has got right to de-exhibit a
    document when its attention was drawn as to the
    inadmissibility of the document, as it has got duty to
    decide the admissibility of a document and eschew
    irrelevant and inadmissible evidence. The Code of Civil
    Procedure
    deals with the procedure in dealing with the
    suits, whereas the provisions of the Indian Stamp Act
    deal with the provisions for collection of proper stamp
    duty on the documents. When a document which was not
    properly stamped was admitted in evidence and when
    the Court’s attention was drawn, the objection of the
    party under Section 36 of the Act pales into insignificance
    and the duty of the Court comes to the forefront to decide
    with regard to admissibility of such a document. It is for
    the Court to decide whether a particular document is
    admissible or not. If it is inadmissible it can de-exhibit
    such a document. It is the decision of the Court, but not
    that of the objector. The role of the objector is only to
    bring it to the notice of the Court. Even assuming that a
    Court decides to admit a document in evidence, there is
    nothing in the Code of Civil Procedure prohibiting the
    Court from recalling such an order.

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    C.R.P.No.2730 of 2025

    31. In view of the above position, in the absence of any
    evidence as to the availability of a decision of the trial
    Court with regard to document in question as to its
    admission, the application as filed by the defendant is
    maintainable and it is open to the plaintiff to pay the
    stamp duty and penalty as per the Rules and make a
    request to admit the same in evidence and it is for the
    Court to admit the document and mark the same.”

    (ii) Sure Ranga Murali Krishna Reddy Vs. Sure Yerri Vara
    Prasada Reddy
    and others2, wherein it was held at paragraphs Nos.15
    & 16 as follows:

    “15. In the facts & circumstances and in view of the
    precedential guidance, this Court is of the well
    considered view that the Court below was in error in
    marking the document, viz., CC of unregistered partition
    deed as exhibit B1 without application of mind and
    without first deciding the objection raised as ordained in
    the decision of the Supreme Court in Bipin Shantilal
    Panchal Vs. State of Gujarat and another
    [2001 (1)
    ALT (Crl.)(SC) 230] and in further refusing to accede to
    the request of the plaintiff to de-exhibit the document or
    exclude/eschew it from evidence for deciding its
    admissibility or otherwise after adverting to the aspects
    viz., whether its original was duly stamped/charged with
    duty and whether it can be admitted in evidence for
    collateral purpose in the light of the ratios in the

    2
    2018 (4) ALT 616 (S.B.)
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    C.R.P.No.2730 of 2025

    precedents adverted to supra. For the foregoing reasons,
    this Court finds that the order is unsustainable and is
    liable to be set aside.

    16. In the result, the Civil Revision Petition is allowed and
    the order impugned is set aside. As a sequel, the
    interlocutory application in I.A. No. 1637 of 2017 is
    allowed and the certified copy of unregistered partition
    deed marked as exhibit B1 shall stand eschewed from
    evidence and the marking given to it shall stand
    cancelled. However, the trial Court shall after affording
    an opportunity of hearing to both sides, decide its
    admissibility after considering the relevant aspects as to
    its admissibility as per the settled law and procedure and
    then proceed further in the matter in accordance with
    law. No costs.”

    (iii) C.Sreedhara Raja Vs. S.Vittoba Rao 3 , wherein it was held at
    paragraphs Nos.25 & 27 as follows:

    “25. From a reading of the above provision, the following
    would emerge:

    (1) The parties can file the documents at the initial
    stage;

    (2) Such documents shall be admitted into evidence as
    provided under Sub-rule (4) of Rule 13 of the Code of
    Civil Procedure
    ;

    (3) An unstamped or insufficiently stamped document
    is not admissible in evidence per se as postulated under

    3
    AIR 2005 AP 322
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    C.R.P.No.2730 of 2025

    Section 35 of the Indian Stamp Act, subject to Section
    36;

    (4) During the trial when actually the document is
    tendered to be marked as piece of evidence, objection
    can be raised either by the contesting party or by the
    Court as regards its admissibility on account of
    unstamped or insufficiently stamped and also can
    impound and eventually can levy the stamp duty along
    with penalty;

    (5) In the event of any application made by the party
    who tries to introduce a document into evidence for
    admission can file an application under Section 38(2) of
    the Stamp Act to send the document to the competent
    authority for impounding and levying the stamp duty
    along with the penalty;

    (6) As and when such an application is made, it is
    imperative for the Court, to send the document to the
    competent authority under the Stamp Act;
    (7) When once the document is admitted into evidence
    and marked as an exhibit the same becomes the
    property of the Court;

    (8) So long as the document was not tendered in
    evidence for admission and marked as an exhibit, such
    document shall be treated as the property of the party
    who files or places the said document on record; and
    (9) At any stage, the document can be returned by the
    Court on an application made by the party, who places
    the document on record, subject to certain conditions.”

    26. xxx xxx xxx
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    C.R.P.No.2730 of 2025

    27. However, it is to be borne in mind that merely
    because a document is impounded by the Court,
    particularly the one, which is a xerox copy, even if
    impounded by the competent authority under the Stamp
    Act
    , need not necessarily be understood as legally got
    validated, for the purpose of admissibility of the same in
    evidence inasmuch as such document has to be tested
    on the touch stone of Sections 63 and 64 of the Indian
    Evidence Act.”

    (iv) Jupudi Kesava Rao Vs. Pulavarthi Venkata Subba Rao and
    others4 , wherein it was held at paragraphs Nos.13 & 14 as follows:

    “13. The first limb of Section 35 clearly shuts out from
    evidence any instrument chargeable with duty unless it is
    duly stamped. The second limb of it which relates to
    acting upon the instrument will obviously shut out any
    secondary evidence of such instrument, for allowing such
    evidence to be let in when the original admittedly
    chargeable with duty was not stamped or insufficiently
    stamped, would be tantamount to the document being
    acted upon by the person having by law or authority to
    receive evidence. Proviso (a) is only applicable when the
    original instrument is actually before the Court of law and
    the deficiency in stamp with penalty is paid by the party
    seeking to rely upon the document. Clearly secondary
    evidence either by way of oral evidence of the contents
    of the unstamped document or the copy of it covered by

    4
    (1971) 1 SCC 545
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    Section 63 of the Indian Evidence Act would not fulfill the
    requirements of the proviso which enjoins upon the
    authority to receive nothing in evidence except the
    instrument itself. Section 35 is not concerned with any
    copy of an instrument and a party can only be allowed to
    rely on a document which is an instrument for the
    purpose of Section 35. ‘Instrument’ is defined in Section
    2(14)
    as including every document by which any right or
    liability is, or purports to be created, transferred, limited
    extended, extinguished or recorded. There is no scope
    for inclusion of a copy of a document as an instrument for
    the purpose of the Stamp Act.

    14. If Section 35 only deals with original instruments and
    not copies Section 36 cannot be so interpreted as to
    allow secondary evidence of an instrument to have its
    benefit. The words “an instrument” in Section 36 must
    have the same meaning as that in Section 35. The
    legislature only relented from the strict provisions of
    Section 35 in cases where the original instrument was
    admitted in evidence without objection at the initial stage
    of a suit or proceeding. In other words, although the
    objection is based on the insufficiency of the stamp
    affixed to the document, a party who has a right to object
    to the reception of it must do so when the document is
    first tendered. Once the time for raising objection to the
    admission of the documentary evidence is passed, no
    objection based on the same ground can be raised at a
    later stage. But this in no way extends the applicability of
    Section 36 to secondary evidence adduced or sought to
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    be adduced in proof of the contents of a document which
    is unstamped or insufficiently stamped.”

    (v) Akkam Laxmi Vs. Thosha Bhoomaiah and others5, wherein it
    was held at paragraph No.9 as follows:

    “9. A perusal of Section 35 shows that the said section is
    in two parts. The first limb pertains to the reception of the
    document in evidence when the document is not duly
    stamped. The second limb, however, pertains to acting
    upon the said document. The bar contained in Section 35
    of the Act is an absolute bar and it is two fold – firstly it
    prohibits the reception of an instrument which has not
    been duly stamped and secondly it inhibits the authority
    which is expected to receive the same to act upon the
    same. Section 36 of the Act, however, reads that when
    an instrument has been admitted in evidence without
    taking any objection in accordance with Section 35, such
    admission shall not be called in question at any stage of
    the suit or proceeding on the ground that the instrument
    has not been duly stamped. A combined reading of both
    the sections would show that what was not admissible
    under the mandatory provisions of Section 35 when
    admitted inadvertently in evidence without taking any
    objection in that regard, such admission shall not be
    called in question at any stage of the suit or proceeding
    subsequently. Therefore, what Section 36 speaks of, in
    my considered view, is in regard to the original document

    5
    2002 SCC OnLine AP 594
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    C.R.P.No.2730 of 2025

    itself. A combined reading of Sections 35 and 36 of the
    Act and the definition of ‘instrument’ as enjoined under
    Section 2(14) of the Act would leave no room for any
    doubt that what is required to be stamped is the original
    instrument itself and the Act has not envisaged a copy of
    the original for the purpose of Stamp Act. A copy of the
    document cannot be called as an instrument and,
    therefore, it is not required to be stamped.”

    (vi) Koyya Ganga Venkata Satya Bhaskara Rao and another Vs.
    Koyya Rama Krishnudu and others
    6 , wherein it was held at
    paragraphs Nos.9 & 10 as follows:

    “9. The above and other recitals in the document, without
    doubt, make it manifest that under the very document the
    immovable properties are permanently partitioned once
    and for all into two shares (A and B) and one share each
    is allotted to the eligible sharer declaring that each sharer
    shall enjoy, the allotted share with absolute rights
    including the rights to enjoy, gift, sell, etcetera by paying
    taxes to the Government on the allotted share
    independently. It is also recited, as already noted, that
    the parties to the document shall not raise dispute that
    the shares are unequal and/or are not in accordance with
    good and bad qualities at any time in future.

    10. Having thus considered the transaction embodied in
    the documents, this Court finds itself in agreement with
    the finding of the Court below that the document in

    6
    2019 SCC OnLine AP 20
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    C.R.P.No.2730 of 2025

    question is a deed of partition and not a memorandum of
    partition or a list of partition recording past partition and
    that, therefore, the document in question is required to be
    charged with duty and that as it is not charged with any
    duty it is inadmissible in evidence until required stamp
    duty and penalty are paid as per the provisions of the
    Indian Stamp Act.”

    (vii) In Tharammel Peethambaran and Ors. Vs. T. Ushakrishnan
    and Ors7, it was held at paragraphs Nos.20.3 and 21 to 23 as follows:

    “20.3. Secondary evidence is inadmissible until the non-
    production of the original is accounted for in a manner
    that brings the case within the specific exceptions
    provided in Section 65.12 If the original itself is found to
    be inadmissible through failure of the party who files it to
    prove it to be valid, the same party is not entitled to
    introduce secondary evidence of its contents.

    21. Therefore, the introduction of secondary evidence is
    a two-step process, wherein, first, the party must
    establish the legal right to lead secondary evidence, and
    second, they must prove the contents of the documents
    through that evidence. The twin requirements are
    conjunctive.

    7

    Neutral Citation: 2026 INSC 134 = Civil Appeal No. 856 of 2026
    (Arising out of SLP (C) No. 11868 of 2024), dated 06.02.2026
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    22. The High Court recorded a finding which is not
    challenged, that the PoA produced by the 1st Defendant
    is a notarised photocopy, and not the original document.
    The 1st Defendant is obligated to follow the procedure for
    adducing secondary evidence, and thereafter, claim
    presumption, if any, available to a document so adduced
    in evidence. It is axiomatic that secondary evidence is
    permissible only as an exception to the requirement of
    adducing primary evidence.

    23. The case on hand falls within the meaning of
    mechanical copies. In law, the existence of Exh. B-2, in
    the absence of laying down a factual foundation and
    following procedure, ought to be ignored for the purpose
    of appreciating the 1st Defendant’s claim on the power to
    alienate Plaint A-Schedule Property. It is apposite to refer
    to one of the views expressed by the First Appellate
    Court by examining the signature in Exh. B-2, and
    recording a finding against the Plaintiff. It is axiomatic
    and fairly established by the authorities18 of this Court
    that courts should not by itself compare disputed
    signatures without the assistance of any expert, when the
    signatures with which the disputed signatures compared,
    are themselves not the admitted signatures. In our
    considered view, neither Section 33 of the Registration
    Act nor Section 85 of the Evidence Act would come into
    application if the primary requirement of adducing
    secondary evidence is discharged by the party relying on
    the document. Section 85 of the Evidence Act falls under
    Chapter V, titled Documentary Evidence. In the absence
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    C.R.P.No.2730 of 2025

    of an original or at least a secondary evidence, it is
    impermissible to apply Section 85 of the Indian Evidence
    Act to conclude the execution and extent of authority
    given by the Plaintiff to the 1st Defendant. No order is
    brought to our notice through which secondary evidence
    is brought on record before the Trial Court. A photocopy
    of a document is no evidence unless the same is proved
    by following the procedure set out. Relying on Exh. B-2,
    the First Appellate Court acted on inadmissible evidence
    and accepted the existence of power to alienate. Exh.
    B-2 / photocopy is no evidence, and the incorrect
    reliance on no evidence, has been rightly corrected by
    the High Court through the impugned judgment. The
    High Court has considered the misreading of evidence by
    the Appellate Court and, by applying the correct
    principles of law, allowed the second appeal.”

    14. Though the respondent No.1 appeared through counsel before
    this Court, he has not represented and submitted arguments.
    Moreover, he did not contest the interlocutory petition before the trial
    Court.

    15. The learned senior counsel appearing for the respondent No.2
    submitted that the trial Court rightly observed that the document is an
    agreement for partition but not partition deed and or at the most, it may
    be memo of past partition and does not require registration and that
    even if it is a deed of partition, it can be received in evidence for
    collateral purposes of proving division of status and nature of
    possession. It is his further argument that the document filed by the
    20
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    C.R.P.No.2730 of 2025

    defendant No.2 is not mere photostat copy, but a copy of a public
    document issued under the R.T.I. Act and is squarely covered by
    Section 74 of the Evidence Act. He further submitted that the said
    document was furnished by the petitioner himself to the Tahsildar to get
    the entries in the revenue records mutated and issue of pattadar pass
    book etc., in respect of his share of property, which is other than the suit
    schedule property, but now he has taken a ‘U’ turn to admit the
    document.

    16. The learned counsel placed reliance on the decisions in Roshan
    Singh and others Vs. Zile Singh
    and others8, Khaja Habeebuddin
    Vs. Md. Ibrahim
    & others9 and Mr. Katike Bheem Shankar Vs. Mrs.
    T.Laxmi @ Punyavathi & others10.

    17. Before going further, it is pertinent to examine the nature of the
    document.

    18. The document speaks that the immovable properties were divided
    among the parties four years before the date of the document in the
    presence of the village elders and the parties are separately living with
    their respective families, but their landed properties were kept joint and
    that the yield was being divided. The document further states that due
    to subsequent disputes among the parties due to joint cultivation, the
    landed properties were divided into five (5) parts in the presence of the
    village elders as shown in the document. Just because past tense verb
    was used in the document that joint land was divided before the elders,

    8
    (2018) 14 SCC 814 = AIR 1988 SC 881
    9
    2004 (2) A.P.L.J. 239 (HC)
    10
    2022 Supreme (Telangana) 723
    21
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    C.R.P.No.2730 of 2025

    it was argued that the document speaks of its execution as a
    memorandum of past partition. A combined reading of the contents of
    the document does not indicate that there was a partition on any other
    day and this document is intended to record the past transaction of
    dividing the joint lands. It merely states that it was divided in the
    presence of the elders. The document is just record of what was
    divided. Had it been the intention of writing the document to record a
    past partition effected before the elders dividing the landed properties,
    there would have been a reference of the date or the period when the
    said past partition was effected regarding the lands as was specifically
    noted regarding the division of properties. The intent of the document
    should be understood from the contents therein. As such, it is clear that
    the document is a deed of partition noting the extent of shares of each
    party. It is neither an agreement of partition nor is it a memorandum of
    past partition. So the decision in Roshan Singh case (8 supra),
    wherein it was held that memorandum of past partition does not require
    registration has no application. It is erroneous for the trial Court to note
    that it is an agreement of partition. As a deed of partition, it requires
    registration as per Section 17(1)(b) of the Registration Act, 1908.

    19. The effect of an unregistered document for the purpose of
    evidence is stated in Section 49 of the Registration Act, 1908 and it is
    excerpted hereunder:

    “49. Effect of non-registration of documents required
    to be registered.

    No document required by section 17 or by any
    provision of the Transfer of Property Act, 1882 (4 of
    1882), to be registered shall
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    C.R.P.No.2730 of 2025

    (a) affect any immovable property comprised therein,
    or

    (b) confer any power to adopt, or

    (c) be received as evidence of any transaction
    affecting such property or conferring such power, unless
    it has been registered:

    Provided that an unregistered document affecting
    immovable property and required by this Act, or the
    Transfer of Property Act, 1882 (4 of 1882), to be
    registered may be received as evidence of a contract in a
    suit for specific performance under Chapter II of the
    Specific Relief Act, 1877 or as evidence of any collateral
    transaction not required to be effected by registered
    instrument.”

    Therefore, Section 49 itself provided exceptions. As per the exceptions,
    the document can be received in evidence for the purpose of collateral
    transaction which by itself does not require registration. It cannot be
    used as evidence of main transaction. In case of a deed of partition,
    the main transaction is division of properties by metes and bounds. To
    that extent, the document cannot be used as evidence. It was held in
    Khaja Habeebuddin (9 supra), at paragraphs Nos.5 & 6 as follows:

    “5. In the suit for partition filed by the 1st respondent, the
    petitioner raise a plead of prior partition. He intended to
    prove and establish his plea on the basis of the two
    documents referred to above. It is not in dispute that they
    were neither stamped nor registered. The Trial Court
    took the view that the contents of one of the document
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    BSB, J
    C.R.P.No.2730 of 2025

    dated 16.8.1957 indicate that it is a partition deed and in
    the absence of registration, it is not admissible in
    evidence. Though the learned Counsel for the petitioner
    has made an attempt to impress upon this Court that the
    document cannot be treated as partition deed by itself,
    the contents of the same disclose that it provides for the
    extent of shares of various persons and intends to bring
    about a partition. Under these circumstances, no
    exception can be taken to the finding of the trial Court
    that the document is partition deed.

    6. The admissibility of an unregistered partition deed has
    been the subject-matter of discussion by this Court in
    several cases. A Larger Bench of this Court in its
    decision rendered in Muthyalareddy v. Venkatareddy
    (supra), held that even an unregistered partition deed
    can be received in evidence for the collateral purposes.

    In Kaheeda Moin v. Md. Iqbal Ali (supra), this Court
    analysed the nature of purposes which can be treated as
    collateral or otherwise, in the context of partition. It was
    held therein that the whole process of partition
    contemplates three phases, viz.,

    (a) Severance of status,

    (b) Division of joint property by meets and bounds; and

    (c) Nature of possession of the various sharers.”

    The party relying on this document did not indicate the collateral
    transaction for which it can be received in evidence. Whenever such a
    document is received in evidence, the collateral purpose for which it is
    received in evidence shall be indicated by the Court.

    24

    BSB, J
    C.R.P.No.2730 of 2025

    20. That apart, a document can be objected from receiving in
    evidence on the ground of insufficient stamp duty. The deficiency of
    stamp duty can be cured by getting the document impounded in the light
    of Sections 33 & 35 of the Stamp Act. Unless the defect is cured, it
    cannot be used in evidence for any purpose, including the collateral
    transaction. Therefore, the impugned document cannot be received in
    evidence even for the purpose of collateral transaction unless it is duly
    stamped and penalty is paid on impounding. In Khaja Habeebuddin
    case (9 supra), an unregistered partition deed was allowed to be
    marked for collateral purpose. It was held in the said decision at
    paragraphs Nos.7, 8 & 9 as follows:

    “7. Phases ‘a’ and ‘c’ were treated as collateral purposes
    and capable of being evidenced by even unregistered
    documents. So far as phase ‘b’ viz., partition of property
    by meets and bounds is concerned, it was held that such
    an aspect can be dealt with only by registered partition
    deeds. This view was adopted in the subsequent
    Judgments of this Court in Pallapothu Naga Prasad and
    Ors. v. Pallapothu Venkata Krishna Rao and Ors.

    (supra) and in Pudi Balraju v. Jallu Annapoorna
    (supra).

    8. Reversing to the facts of this case, it is evident that the
    document in question did provide for extent of shares of
    various individuals. This fact can be brought in evidence
    only through a registered document. Therefore, the
    documents in question are inadmissible to establish the
    factum of partition of the property by meets and bounds.

    So far as the collateral purpose referred to above are
    25
    BSB, J
    C.R.P.No.2730 of 2025

    concerned, the documents can be taken into account for
    the purpose of severance of status. As regards the
    nature of possession, it needs to be observed that the
    document itself did not indicate the nature of possession
    of the properties by various sharers. The result of this
    discussion is that:

    (i) The document in question is partition deed.

    (ii) It is not registered and

    (iii) It does not deal with the nature of possession.

    9. In the light of the law laid down by this Court in the
    judgments referred to above, the document in question
    cannot be received in evidence to establish the factum of
    partition. It, however, can be received in evidence for the
    collateral purpose of severance of status and nothing
    more.”

    But, in that case, it was not examined whether the document is
    sufficiently stamped or not.
    Whereas, in Koyya Ganga Venkata Satya
    Bhaskara Rao
    case (6 supra), it was held that an unregistered partition
    deed is inadmissible in evidence unless required stamp duty and
    penalty are paid. As the disputed document is on white paper bearing
    no stamp value, the document is defective not only due to non-
    registration but also due to insufficient stamp.

    21. In the present case, stamp duty and penalty also cannot be
    collected on the impugned document since it is not the original
    document, irrespective of the fact that it is a public document or not. To
    fortify this observation, it is apt to refer the decision in Jupudi Kesava
    Rao
    case (4 supra), wherein it was held that stamp duty cannot be
    26
    BSB, J
    C.R.P.No.2730 of 2025

    collected on a copy of a document, if its original was not subjected to
    stamp duty. It was referred in Sure Ranga Murali Krishna Reddy case
    (2 supra). When the impugned document cannot be impounded, the
    defect of deficiency in stamp duty cannot be cured. As a result, the
    document cannot be used even for evidence of collateral transaction.

    Under these circumstances, this Court is not inclined to appreciate the
    argument on the question whether certified copy (issued under the
    R.T.I. Act) of a photostat copy submitted by a party and kept in the files
    of Tahsildar is a public document within Section 74 of the Evidence Act,
    in the light of the decision of the High Court for the State of Telangana
    in Mr. Katike Bheem Shankar case (10 supra).

    22. It is also pertinent to mention that when the document in its
    original condition shown as list document in the affidavit of the
    defendant No.1 / D.W.1 was not marked, but the same was introduced
    in evidence through the defendant No.2 / D.W.2 by showing it as an
    enclosure to the letter describing the letter as an exhibit to mark it as
    Ex.B13. Thus, in a circuitous and dubious manner, it was introduced
    through D.W.2 in spite of its non-marking through D.W.1 when it was
    tendered as a document by itself.

    23. It was also argued that the plaintiff himself submitted the
    photostat copy to the Tahsildar and got the entries made in the revenue
    records and obtained pattadar pass book in his favour basing on the
    very same document, but when it comes to the use of it as evidence by
    the defendants, the plaintiff is objecting. The fact that the plaintiff
    submitted a photostat copy of a certain document is separate from the
    facts stated in the said documents. Insofar as the facts which are
    contents of the document are barred from being received in evidence in
    view of its non-registration and inadequate stamp duty. But, insofar as
    27
    BSB, J
    C.R.P.No.2730 of 2025

    the facts that the plaintiff submitted a photostat copy of a document to
    the Tahsildar and basing on it revenue records were mutated and
    passbook etc., were issued to him are concerned, they are independent
    facts and those facts can be proved through other means irrespective of
    the contents of the document which cannot be proved due to non-
    registration and want of stamp duty. Therefore, it is open for the parties
    to establish the facts as permitted by law and prove the case.

    24. Merely because a document is marked in evidence without
    applying the mind and deciding on the objection, even if a document is
    given an exhibit number, it cannot be treated as receiving the document
    in evidence overruling the objection. An inadmissible document can be
    demarked as held in the cases of A.P.Laly (1 supra) and Sure Ranga
    Murali Krishna Reddy
    (4 supra).

    25. The letter given by the Tahsildar showing that it has document
    annexed to it may be received in evidence, but the contents of the
    document, dated 11.10.1985, cannot be read in evidence for the above
    stated reasons. Therefore, Ex.B13 as such need not be demarked, but,
    as is noted, the contents of the annexed document, dated 11.10.1985,
    cannot be read in evidence. If it is proved that the Tahsildar issued the
    letter with annexures, the same can be appreciated as evidence of such
    facts.

    26. Accordingly, the revision petition is disposed of retaining the
    document marked as Ex.B13 in evidence, subject to the rider that the
    contents of the document, dated 11.10.1985, cannot be read in
    evidence as proof of such contents.

    28

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    C.R.P.No.2730 of 2025

    There shall be no order as to costs.

    Pending miscellaneous petitions, if any, shall stand closed.

    __________________
    B.S.BHANUMATHI, J

    Dt.05.03.2026
    GRL / PNV / RAR



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