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C.S. Kumaraswami Gounder Vs. Aravagiri Gounder and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai High Court
Decided On
Case NumberAppeal No. 955 of 1966
Judge
Reported inAIR1974Mad239
ActsRegistration Act, 1908 - Sections 17 and 49; Transfer of Property Act, 1882 - Sections 17, 17(1), 53-A and 123; Specific Relief Act, 1877; Evidence Act - Sections 91
AppellantC.S. Kumaraswami Gounder
RespondentAravagiri Gounder and anr.
Excerpt:
.....and if principal transaction happens to be creation, declaration or extinguishments of any right or interest to or in immovable property as contemplated by section 17 (1) (b) and if there is also transaction or purpose collateral to same, document can be used in evidence for purpose of showing collateral purpose or transaction thereto. - .....and if principal transaction happens to be creation, declaration or extinguishments of any right or interest to or in immovable property as contemplated by section 17 (1) (b) and if there is also transaction or purpose collateral to same, document can be used in evidence for purpose of showing collateral purpose or transaction thereto.
Judgment:
Property - admission - Sections 17 and 49 of Registration Act, 1908 and Section 91 of Indian Evidence Act, 1872 - question for consideration is to what extant Section 49 prohibits reception of documents as evidence - Section 49 (a) provides that document required by Section 17 to be registered - section 49 (c) provides that unregistered document cannot be received as evidence of any transaction affecting suit property - Section does not provide for total prohibition of reception of document as evidence at all - if document deals with more than one transaction and if principal transaction happens to be creation, declaration or extinguishments of any right or interest to or in immovable property as contemplated by Section 17 (1) (b) and if there is also transaction or purpose collateral to same, document can be used in evidence for purpose of showing collateral purpose or transaction thereto.


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