CRP/7018/2026 of S.Krishnaveni Vs Joan of Arc Sundari on 11 November 2026

ORDER

The Civil Revision Petition is filed challenging the order passed by the Court below impounding the unregistered, insufficiently stamped Sale Deed produced by the petitioners.

2. The petitioners herein suffered an order of eviction passed by the Rent Court in R.L.T.O.P.No.18 of 2023. The respondent/landlord filed a petition in E.P.No.14 of 2024 seeking execution of the order for repossession. In the said execution petition, the petitioners wanted to mark an unregistered, insufficiently stamped Sale Deed in order to support their case in execution petition. Since the document is insufficiently stamped, by impugned order the Executing Court impounded the same and forwarded it to the District Collector for the purpose of fixation of stamp duty and penalty. Aggrieved by the same, the petitioners have come before this Court.

3. The learned counsel appearing for the petitioners would vehemently contend that the petitioners only want to rely on certain recitals in the document regarding payment made by the petitioners to respondent and therefore, the document has not been produced for the purpose of proving any transfer of __________

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CRP.No.7018 of 2026 interest in the property. Therefore, according to the learned counsel appearing for the petitioners, the Executing Court ought not have impounded the document, when the petitioners want to rely only on the recitals found in the document instead of relying on the document for the purpose of proving any transfer of interest.

4. Under Section 35 of the Indian Stamp Act, 1899, whether the document is relied on for main purpose or for collateral purpose, the stamp duty shall be paid together with penalty, if applicable.

5. In the case on hand, even though it is stated that the petitioners are not relying on the document for the purpose of proving any transfer of interest, obviously the petitioners want to rely on certain recital in the document to prove some collateral transaction. Unless the document is properly stamped, the same cannot be received in evidence, in view of the total bar under Section 35 of Indian Stamp Act, 1899. Therefore, I do not find any error in the impugned order passed by the Court below. Accordingly, this Civil Revision Petition stand dismissed. __________

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CRP.No.7018 of 2026

6. At this juncture, the learned counsel appearing for the petitioners, on instructions, would submit that if the petitioners do not want to rely on the document, they may be given liberty to withdraw the document by making a request to the District Collector. It is made clear that unless the petitioners pay stamp duty together with applicable penalty, they are not entitled to rely on the document and the same cannot be received in evidence. If the petitioners want to withdraw the documents, it is open to them to make a request to the District Collector and withdraw the document with an undertaking that the same will not be relied on by the petitioners before any legal proceedings. If anysuch request is made, the same shall be considered on it’s own merits. No costs. Consequently, the connected Miscellaneous Petition is closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm __________

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CRP.No.7018 of 2026 To The District Munsif cum Judicial Magistrate, Sholinganallur. __________

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CRP.No.7018 of 2026 S.SOUNTHAR J. dm CRP.No.7018 of 2026 and CMP.No.30175 of 2026 11-11-2026 __________

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