BHUDHA BHILA PARDHI Vs. HAUSABAI MAGAN PARDHI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) In the three suits, the applications were filed by plaintiff for impounding of the documents like agreement written on stamp paper of Rs.100/- denomination and the possession receipt. Readiness was shown by the plaintiff to pay the stamp duty and penalty.

(3.) The learned Judge of the Trial Court has rejected the applications by holding that such step was not taken for about three years. Other reason is given that in view of the provision of section 47 of Indian Registration Act, the agreement can be considered for collateral purpose when the suit is filed for relief of specific performance of contract.