SURESH JOTIRAM MHAMANE Vs. SUMAN ASHOK MITTAL

JUDGEMENT

(1.) Challenge in this petition is to the order dated 22 nd September 2022 impounding unregistered agreement to sell.

(2.) The petitioner is original plaintiff who filed suit for specific performance based on agreement to sell dtd. 22/2/2012. Clause 3(b) of the agreement to sell contains a recital that actual and vacant possession of the property described in para 1a and 1b of the suit property shall be delivered at the time of execution of sale deed.

(3.) During the course of evidence, when the plaintiff requested for exhibiting the document, the Trial Court examined the document in the context of Article 25 of the Maharashtra Stamp Act, 1958, and recorded a finding that the agreement falls within the ambit of Explanation-I of Article 25 of Schedule-I of the Maharashtra Stamp Act, 1958. Said order is subject matter of challenge.