LAWS(MPH)-2011-4-39

ATMARAM Vs. ANIL KUMAR

Decided On April 07, 2011
ATMARAM S/O RAMCHANDRA MALI Appellant
V/S
ANIL KUMAR S/O SHIKHARCHAND MAHAJAN Respondents

JUDGEMENT

(1.) Heard.

(2.) Facts briefly stated are that the respondent No. 1 Anil Kumar filed a suit for specific performance of the contract/agreement with a further submission that possession of the property was handed over to him and a document evincing the agreement between the parties and delivery of possession was executed on 18-4- 2007 (Annexure P/4). The petitioner defendants, after putting in their appearance in the matter, raised various pleadings. The trial Court on 5-4-2010 framed issues.

(3.) The petitioners raised an objection submitting inter-alia that the document (Annexure P/4) contained a recital that possession was delivered to the plaintiff, therefore, the document would be a conveyance and under Clause 23 of the Schedule appended to the Indian Stamp Act, 1899, the document was required to be executed upon appropriate stamps and as the document was not on appropriate stamps, it was liable to be impounded with a further direction to the plaintiff to pay duty and penalty, in accordance with sections 33, 35 and 38 of the Indian Stamp Act. The petitioners also raised an objection that document was unregistered and therefore, the same is inadmissible in evidence.