OMPRAKASH THAKUR Vs. NIRANJANLAL

JUDGEMENT

(1.) Being aggrieved by the order dated 21/10/2011 passed by Civil Judge class-I, Sailana, District Ratlam in civil suit NO.1-A/ 11 whereby the objections raised by the petitioner about admissibility of the documents Annexures A/3 to A/5 were rejected, the present petition has been filed.

(2.) Short facts of the case are that respondent No.1 filed a suit for specific performance alleging that suit property was sold by the petitioner to respondent No.1 orally. Suit was contested by the petitioner. At the stage of evidence, 3 documents were filed by the respondent No.1 in evidence, upon which objection was raised by the petitioner about admissibility of the document. The objections were rejected, against which the present petition has been filed.

(3.) Learned counsel for petitioner submits that initially the case of respondent No.1 was that suit property was sold by the petitioner to respondent No.1 orally. Thereafter at the stage of evidence it was alleged that respondent NO.1 has leased out the suit property to different agriculturists vide document dated 1/6/99, 1/6/2001 and 1/6/2005 which are Annexures A/3, A/4 and A/5. The objections raised by the petitioner is to the effect that since the documents are not registered and also not duly stamped therefore same is inadmissible in evidence. The objections raised by the petitioner were rejected, hence this petition.