KAILASH PRASAD Vs. JAGDISH SHARMA

JUDGEMENT

(1.) Petitioner has preferred this petition under Article 227 of the Constitution of India being aggrieved with the order dtd. 28/8/2024 passed by 1st Civil Judge, Junior Division, Sonkatch, District Dewas in Cos- A13/2024, whereby the application filed by the respondent no.1 and 2 under Sec. 17 of Registration Act, 1908 (hereinafter referred to as 'the Act, 1908') has been allowed.

(2.) Brief facts of the case are that the petitioners/plaintiffs filed a suit for declaration and permanent injunction against defendants/ respondents no. 1 to 6. When the matter was fixed for evidence of petitioners, the respondent no.1 and 2 filed an application u/s 17 of Registration Act, challenging admissibility of memorandum of Family arrangement. Thereafter, petitioners filed their objections to the said application, however, the same was allowed vide order dtd. 28/8/2024. Memorandum of family arrangement document has been found to be requiring registration under 'the Act, 1908' and therefore as per Sec. 35 of The Indian Stamp Act, 1899 (for short 'the Act, 1899') document has been impounded and documents of memorandum of family arrangement have been sent to collector of stamps by the trial Court.

(3.) Learned counsel for the petitioners submitted that the Memorandum of Family Arrangement entitles them to a share in the property and that the sale deed executed by the defendant no.1/respondent no.1 in favour of respondent no.4 on 24/1/2020 is illegal, and not binding upon the petitioners. The respondents have filed a written statement in the trial court denying all of the petitioners' claims. While the case was awaiting the petitioners' evidence, respondent number 4 filed an application under Ss. 17 and 49 of 'the Act,1908' challenging the admissibility of the Memorandum of Family Arrangement. The trial court allowed the respondent's application holding that the registration of Memorandum of Family Arrangement required to be valid. Sec. 17 of 'the Act, 1908' mandates registration for certain documents relating to immovable property, and Sec. 49 of 'the Act, 1908' makes unregistered documents inadmissible as evidence. In accordance with Sec. 35 of 'the Act, 1899', the court ordered the impounding of the document because it was not properly stamped and registered. The documents have been sent to the Collector of Stamps to assess the proper stamp duty and penalty.