AI Structured Summary
Not yet generated for this judgment
Judgment
Y. Bhaskar Rao, J.—This writ petition is filed challenging the order of dismissal of I.A.No. 62 of 1993 in A.T.C. No. 1 of 1986, on the file of the Special Officer-cum-lst Additional District Munsiff, Bhimavaram.
The case of the petitioners is that they are the owners of Ac. 6.82 cents of land situated in R.S.Nos. 256/2C, 265/8 and 268/1 of Bethapudi village, Bhimavaram Mandal. The first respondent filed A.T.C.1/88 against the petitioners claiming that he is a tenant and the petitioners cannot terminate his tenancy in respect of the aforesaid lands. Along with the A.T.C. he filed a document dated 9-9-1986 claiming it to be a lease deed where under the aforesaid land was leased out to him by the petitioners. The petitioners raised an objection that the said document is inadmissible in evidence for want of proper stamp duty. Thereafter, when the tenant was examined as a witness, the said lease-deed was produced and marked as Ex. A-l. At the time of marking the said document, no objection was raised by the petitioners or their Counsel. After the document was marked, the present LA. was filed to consider the admissibility of the document.
It is a well-settled principle that once a document is marked, the appellate authority cannot go into the admissibility of the document. It is a fact that the petitioners have taken objection in their written statement, but when no objection was taken at the time of marking the document and when once the document is marked, this itself amounts to application of judicial mind of the officer with regard to the admissibility of the document.
The learned Counsel for the petitioners relied upon a decision in Veeramallu v. T. Komariah, 1964 (2) ALT 374 and contended that an objection can be raised even after marking of the document. But in the case referred to above, nowhere it is stated that objection was taken at the time of marking of the document. Merely raising an objection in the written statement, does not by itself give any right to the petitioners to question about the admissibility of the document when once it is already marked.
For the reasons stated above, the writ petition is dismissed.