NANIBAI BALWANT GIRI Vs. MANASI CONSTRUCTION AND DEVELOPERS

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) The appellants challenge the judgment dated 21-3-2005 passed by the learned Single Judge in Writ Petition No. 149 of 2005. By the impugned judgment, the learned Single Judge has held that document dated 3-3-2000 executed between the parties is a mere agreement for sale without any understanding for delivery of possession prior to the execution of the sale deed and that, therefore, the same cannot be considered as conveyance within the meaning of the said expression under Explanation 1 of Article 25, Schedule-I of the Bombay Stamp Act, 1958 (hereinafter referred as "the said Act").

(3.) The facts relevant for the decision are that the respondents herein have filed Special Civil Suit No. 9 of 2003 against the appellants for specific performance of an agreement stated to have been entered into between the respondents and the predecessor of the appellants in relation to the property bearing survey No. 88/1 situated at mouza Lohara, tahsil and district Yavatmal. The agreement is stated to have been executed on 3-3-2000. In the course of recording of evidence, while attempting to establish the case of the respondents in relation to the alleged agreement, the respondents sought to produce the document dated 3-3-2000 on record which was objected to by the appellants on the ground that the agreement, in spite of being a conveyance in terms of explanation-I of Article 25, Schedule-I of the said Act, has not been properly stamped, and therefore, it cannot be admitted in evidence and therefore it cannot he exhibited.