THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4716 of 2008 Date of order: 17.6.2010 Between: Sri Balaji Government Employees Cooperative Building Society Limited, Ongole …Petitioner and Somepalli Venkat Rao and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4716 of 2008 ORDER: The defendant No.1 in O.S.No. 128 of 2004 on the file of the IV-Additional Junior Civil Judge, Ongole is aggrieved of the order dated 8.9.2008 passed therein, disallowing the defendants from producing and marking a gift deed dated 28.2.1985 during the course of evidence of D.W.3. The objection raised on behalf of the plaintiffs was that the said document is an unregistered gift deed and as such it can not be received in evidence. The said contention was repelled by the defendants by stating that even if the document is unregistered, for collateral purpose, it can be admitted in evidence as per the proviso to Section 49 of the Indian Registration Act. The court below has not accepted the said contention and permitted the defendants to lead evidence, without relying upon the said gift deed. Hence this revision. Heard both sides. It is not in dispute the suit is merely for injunction and the issue which falls for consideration in the suit is only relating to possession. The issue of title would not fall consideration in such a suit and as such the said document, though unregistered, can be received in evidence for a limited collateral purpose. It is also contended by the learned counsel for the plaintiffs/respondents that the said document is also not duly stamped and the said aspect will also have to be kept in mind before marking the said document even for collateral purpose. It is stated by the learned counsel for the defendant No.1/petitioner that they have already made an appropriate application before the court below for adjudication of the stamp duty with regard to the said document and because of the interim stay granted by this court in the present revision, the said application remains pending. In the above circumstances, therefore, the impugned order is set aside, the court below is directed to receive the gift deed dated 28.2.1985 for collateral purpose after passing an order, in accordance with law, on the application said to be pending before it, with regard to stamp duty on the said document. The revision petition is accordingly allowed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 17.6.2010 KR