NAWAL KISHORE TULARA Vs. DINESH CHAND GUPTA

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The facts necessary for disposal of this appeal briefly are that one Ram Sahay filed Civil Suit No. 31/93 in the Court of Civil Judge (A.B.), Gangapur City (SM), praying for relief of declaration of ownership of Shop No. 141 in Bazar Katla and also for possession over the said shop. The plaintiff died during the pendency of the proceedings and is being represented through his legal representatives as respondents in this appeal. The present appellant viz. Nawal Kishore, defendant in the suit, resisted the claim of the plaintiff and pleaded that the plaintiff Ram Sahay had entered into an agreement, with the defendant, to sell Shop No. 141 situate at Bazar Katla for a sum of Rs. 7, 100/out of which a sum of Rs. 1, 100/- had been paid and the balance amount was to be paid at the time of registration of the sale deed. The said agreement dated 17/19-8-1985 is in writing on a stamp of Rs. 5/-. During the course of the examination-in-chief of the defendant (present appellant), the plaintiff objected to "exhibit" the document dated 17/19-8-1985, purported to be an agreement to sell, on the ground, that the document was unregistered and insufficiently stamped. The objection has been upheld by the trial Court, by its order dated 31-10-2000 holding that the document was not admissible in evidence for any purpose.

(3.) The appellant preferred a civil revision in the High Court, against the aforesaid order of the trial Court. It appears that a plea was raised on behalf of the petitioner-revisionist that the document in question was executed in the year 1985, whereas the amendment in the Indian Registration Act for compulsory registration of agreements to sell, in the State of Rajasthan, came into force in the year 1989. The other plea raised is that an insufficiently stamped document can very well be impounded under the provisions of the Stamp Act.