LAWS(BOM)-2019-6-237

ANIL ASHOK KAGALE Vs. SOU KAMAL SHATRUGHNA MALI

Decided On June 17, 2019
ANIL ASHOK KAGALE Appellant
V/S
SOU KAMAL SHATRUGHNA MALI Respondents

JUDGEMENT

(1.) The petitioner, instituted Regular Civil Suit No. 244 of 2006 for declaration of his title to the suit property and mandatory injunction. The defendant had produced an agreement dated 05th May, 1980 in support of his defence. The plaintiff applied to the trial Court to impound the said agreement in terms of the provisions of the Maharashtra Stamp Act instrument being not duly stamped. The learned Judge rejected the said application on the ground that the agreement has been produced for "collateral purposes" and can be used as evidence as provided in the proviso to Sec. 49 of the Registration Act.

(2.) Admittedly, an application was for impounding document, being not duly stamped, though, it is subject to duty of amount, in terms of Sec. 3 of the Maharashtra Stamp Act. Sec. 34 of the Maharashtra Stamp Act, reads as under :

(3.) This Sec. casts a duty on the Court or any other judicial officer or quasi-judicial person or public officer not to admit any instrument not duly stamped for any purpose irrespective of whether any party raises any objection as to stamp duty or not. (emphasis supplied) Therefore, this Sec. is in contrast to Sec. 49 of the Registration Act. Under Sec. 49, an unregistered document which requires registration is inadmissible in evidence, but it can be admitted; (i) as an evidence of part performance of the Act, and (ii)for any collateral transaction not effected for any document. The words "for any purpose by any person" therefore should be given natural meaning and effect. These words are introduced with a view to avoid difficulty in deciding what are the collateral matters.