IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELVETH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5936 OF 2009 Between : S.Karunakara Raju ... PETITIONER A N D D.Bhagavathi and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 5936 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 17.08.2009, in O.S.No.991 of 2006 on the file of Principal Junior Civil Judge, Tirupathi, Chittoor District, whereunder and whereby the Court below rejected to mark unregistered sale deed dated 01.11.1995, on the ground that it is not admissible in evidence even for collateral purpose. 2. Heard. 3. Learned counsel for the petitioner contended that the petitioner is ready to pay the stamp duty and penalty as required under Section 35 of the Indian Stamp Act, 1899, and thereafter, the unregistered sale deed dated 01.11.1995, can be looked into for collateral purpose. 4. Though the document is compulsorily registerble under Section 17 of the Indian Registration Act, 1908, (for short “the Act”), and is not registered, still it can be looked for collateral purpose in view of provision to Section 49 of the Act. That aspect of the case has not been denied or disputed by both the counsel before this Court. 5. The only point to be decided before this Court is whether the document in question requires proof of stamp duty and penalty as required under Section 35 of the Indian Stamp Act,1899. 6. The unregistered sale deed comes within the meaning of instrument as defined under Section 2(14) of the Indian Stamp Act, 1899, which includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. Under Section 35 of the Indian Stamp Act, 1899, no instrument chargeable with duty shall be admitted in evidence for any purpose by any person or shall be acted upon unless such instrument is duly stamped. 7. In view of the above, the matter is remitted to the trial Court for fresh disposal after giving liberty to the petitioner to file an application for impounding the document for the purpose of stamp duty and penalty, and thereafter it can be received as evidence in accordance with law. 8. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 12, 2010. YVL