ASHOK AGARWAL Vs. OM PRAKASH

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner is challenging the validity of impugned order dated 8.3.2013 passed by First Additional District Judge, Harda in Civil Suit No.5-A/2011 by which the objection of the petitioners- defendants that the document of agreement of sale dated 06.12.2004 is not admissible in evidence having deficit stamp duty has been turned down.

(2.) A suit for eviction on the relationship of landlord and tenant has been filed by the plaintiffs-respondents against the petitioners-defendants. The said suit is pending before the Trial Court. At the time of adducing the evidence by the plaintiffs, the aforesaid document of agreement of sale was tendered in evidence but it was objected by defendants-petitioners that since it is not duly stamped, therefore, it is inadmissible in evidence. This objection of the defendants-petitioners has been turned down by the impugned order.

(3.) HOWEVER , Shri Zargar learned counsel appearing for respondents-plaintiffs argued in support of the impugned order and submitted that for collateral purpose this document is admissible in evidence and in this context he has placed reliance on decision of Supreme Court in K.B. Saha and Sons Private Limited v. Development Consultant Limited (2008) 8 SCC 564.