partial partition' can be admitted in evidence and looked into for collateral purposes. O.S.No.274 of 2000 has been filed ... partition deed and the same can be admitted in evidence only for collateral purposes.
8. Aggrieved by this order of the learned single Judge
specific finding that even both the exhibits are not admissible for
collateral purpose also. Aggrieved by that, the present appeal is filed.
10. We have ... require
registration, still the unregistered documents are admissible in evidence
for collateral purpose.
12. The learned counsel Mr. G.V.R. Choudary, appearing
which was inadmissible in evidence could have been used for
any collateral purpose. In a suit for partition, an
unregistered document can be relied upon ... collateral
purpose i.e. severancy of title, nature of possession of
10
various shares but not for the primary purpose i.e. division
of joint
evidence of any collateral transaction
11
not required to be effected by registered
instrument.] ..”
14. There is a long line of judgments of this court ... which was
inadmissible in evidence, could have been
used for any collateral purpose. In a suit
for partition, an unregistered document can
be relied upon
rely on the document to prove his character of possession which was collateral purpose to the terms of the lease deed. According to the petitioner ... totally inadmissible and that it is admissible for proof of collateral purpose. Referred to Section 49 of the Registration Act, he submitted that the said
suit for permanent
injunction could be marked for a "collateral purposes"? The lower Court has
sustained the objection raised by the defendant that ... mark the impounded but unregistered sale deed dated
23.01.1976 for a purported collateral purpose, namely, to prove possession of
the property. But the Court below
possession, the said document is to be marked only for such collateral purpose. The said application was resisted by the respondents mainly by contending that ... such unregistered sale deed cannot be admitted in evidence even for collateral purpose. The Court below rejected the said application only on the reason that
Transfer of Property Act or as evidence of any collateral transaction not required to be effected by registered instrument.
Section 91 of the Indian Evidence ... parti-tion can however be admitted in evidence for the collateral purposes and secondary evidence given to that extent viz :
(i) To prove a change
that Ex. B-1 cannot be admitted in evidence even for the collateral purpose of finding out the character of the possession of the properties ... Transfer of Property Act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument."
9. One thing that
evidence in view of proviso to Section 49 of
Registration Act for collateral purpose. But here the fact situation
is totally different, but the principle ... Such unregistered document can however be used as
an evidence of collateral purpose as provided in the Proviso to
Section 49 of the Registration
