IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.17455/2018 (GM-CPC) BETWEEN:
SMT. C.YESHODA, AGED ABOUT 64 YEARS, W/O. LATE B. H. VARADHARAJU, NO.18, NOW CORPORATION NO.18/37, 17TH MAIN ROAD, 50 FEET ROAD, MUNESHWARA BLOCK, BSK III STAGE, BENGALURU-560 026. ... PETITIONER (BY SMT.CHETHANA MANJUNATH, ADVOCATE FOR SRI.MANJUNATH.B.S, ADVOCATE) AND:
1. SMT. P. POONGODI, W/O. M. POOBALAN, AGED ABOUT 44 YEARS, R/AT NO. 2, 3RD CROSS, 1ST MAIN, DEVAPPA GARDEN, NAGASHETTIHALLI, RMV 2ND STAGE EXTENSION, BENGALURU-560 094.
2. THE CHIEF MANAGER, INDIAN BANK, RMV 2ND STAGE BRANCH, NEW BEL ROAD, BENGALURU-560 094. ... RESPONDENTS (BY SRI.A.KESHAVA BHAT, ADVOCATE FOR R2; SRI.H.R.SATYAPAL HEGDE, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.6696/2011 ON FILE OF XXXVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY AND SET ASIDE THE ORDERS DTD:20.3.2018 PRODUCED AS ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the plaintiff in first defendant in first respondent’s ejectment suit in O.S.No.6696/2011 is invoking the writ jurisdiction of this Court for laying a challenge to the order dated 20.03.2018, a copy whereof is at Annexure-A whereby, the learned XXXVIIIth Additional City Civil Judge, Bengaluru City, having found the subject certified copy of the lease being unregistered has impounded the same for want of registration. After service of notice, the contesting respondent having entered appearance through her counsel, opposes the Writ Petition.
2. The short question of law falling for consideration of this Court is:
“Whether a document which is compulsorily registerable under Section 17(1) of the Indian Registration Act, 1908 can be impounded, if it is not so registered?”
3. The procedure of impounding of documents is prescribed under Chapter IV of Karnataka Stamp Act, 1957; such a course being conspicuously absent in the provision of Indian Registration Act, 1908, the same cannot be resorted to.
4. Section 49 of the Registration Act makes such a document inadmissible in evidence except for collateral purpose is true; that apart, the transaction intended by such document does not come into existence because of Sec.49(3) of the Act; but impounding of such a document is impermissible; even otherwise also the impounding of certified copy of a document is again impermissible under Chapter IV of the Karnataka Stamp Act, subject to all just exceptions.
In the above circumstances, the Writ Petition succeeds; impugned order is set at naught.
Sd/- JUDGE DS