THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.No.1550 of 2010 Date:21.4.2010 Between: Mohd.Khairunnisa Begum, Nalgonda District. Petitioner/ Defendant No.2 And Smt.SK.Munnerunnisa, Medak District and others. Respondents/Plaintiffs THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.No.1550 of 2010 ORDER: This revision has been directed against the order dated 25.2.2010 passed in O.S.No.73 of 2006 on the file of the Senior Civil Judge, Nalgonda, whereby and whereunder the learned Senior Civil Judge refused to mark the document dated 20.6.1998 on behalf of the petitioner, who is the 2nd defendant in the suit. Respondents 1 to 4 are the plaintiffs in O.S.No.73 of 2006. They filed the suit for partition and separate possession of their respective shares. The 2nd defendant filed written statement resisting their claim. The 2nd defendant while being examined as D.W.1 produced the document dated 20.6.1998. The plaintiffs raised an objection with regard to marking of the said document. Heard learned counsel appearing for the parties and upheld the objection raised by the plaintiffs by an order dated 25.2.2010. The order passed by the learned Senior Civil Judge, which reads as hereunder:- “Perused the recital of the document and found from the said document, the executant had given half share in the land in Survey No.56 and half share in the house each to his two sons. Therefore, it is a settlement deed and requires stamp duty and penalty and the same cannot be marked for want of registration, stamp duty and penalty.” The said order is assailed in this revision. The learned counsel appearing for the petitioner submits that the document dated 20.6.1998 does not require registration, and, therefore, it deserves to be admitted. I have gone through the English translation of the document dated 20.6.1998, which reads as hereunder:- “On 20.6.1998, I Mohammed Sadi AliS/o.Shaik Lateef aged 84 years, Occ: Retired Teacher, R/o.H.No.5-12-397, Rahamed Nagar, Nalgonda, I execute this agreement and document to my elder son Sri Ahmed Mohinuddin S/o. Mohammed Ali Sadik Ali, Occ: Police Constable, aged : 38 years, R/o.Rahmat Nagar. I have got one house and Ac.0-30 Gts., of land in Sy.No.56, as my self acquired property. Out of the same I gave ½ Share in H.No.5-12-397 comprising of 3 rooms and a hall. The boundaries for this are West : ‘12’ Road, North : Open Place, East : Portion of the remaining share of elder son Nooruddin, South : Smt.Saleemunnisa Begum, in Sy.No.56, out of land admeasuring Ac.0-30 Gts., ½ share of Ac.0-5 Gts., goes to my son’s share. I am executing this document out of free will without coercion.” A reading of the above document indicates that Mohd Sadik Ali has given Ac.0-30 cents of land in Survey No.56 and one house to the petitioner who is the 2nd defendant in the suit. Since the rights in respect of immovable properties have been transferred, it is compulsory registerable document, and the objections raised by the plaintiffs are sustainable, the Trial Court considered the material brought on record in right perspective and upheld the objections of the plaintiffs. I do not see any irregularity or illegality in the order impugned warranting interference under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:21.4.2010 mrb