FAIZ AHMED K. H. Vs. MOHAMMED MUZAMIL

JUDGEMENT

(1.) This petition by the defendant in O.S.No.147/2016 on the file of the LVIII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the trial Court') is directed against the impugned order dtd. 14/12/2022 whereby, the trial Court came to the conclusion that the unregistered agreement of sale dtd. 9/2/2013 was admissible in evidence.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the respondents-plaintiffs instituted the aforesaid suit for specific performance and other reliefs in respect of an alleged agreement of sale dtd. 9/2/2013 in relation to the suit schedule immovable property. The petitioner- defendant is contesting the said suit. During the course of evidence, the sale agreement was marked as Ex.P16, subject to objections raised by the petitioner-defendant regarding admissibility of the said document. Subsequently, at the stage of arguments, the petitioner called upon the trial Court to decide the admissibility of the said document on various grounds, including the registration, stamp duty etc. By the impugned order, the trial Court overruled the objections raised by the petitioner, who is before this Court by way of the present petition.