TEJMAL Vs. RAJESH

JUDGEMENT

(1.) Being aggrieved by the Order dated 1-11-2004 passed by IInd ADJ, Indore, in Civil Suit No. 1-A/2003 whereby the objection of the petitioner that the document in question is not properly stamped was rejected, the present petition has been filed.

(2.) Short facts of the case are that the respondent filed a suit for specific performance against the petitioner alleging that on 15-12-1994 respondent entered into an agreement for purchasing the suit property from the petitioner for a sum of Rs. 1,55,000/- of which consideration has already been paid by the respondent. In the suit it was prayed that a decree for specific performance of contract be passed in favour of respondent. The suit was contested by the petitioner on various grounds including the ground that the document of which petitioner is placing reliance is not admissible in evidence. On the basis of the pleadings of the parties learned Court below framed the issues and fixed the case for recording the evidence. In evidence the objection was taken by the petitioner on account of inadmissibility of the document, which has been turned down by the impugned order.

(3.) Learned Counsel for the petitioner submits that undisputedly the documents in question is on stamp paper of Rs. 10/-. From perusal of the record it is evident that entire consideration has been paid and the possession has also been delivered to the respondent. As the respondent has not prayed the relief of possession in the suit. On the contrary it has been alleged that the respondent is in possession of the suit property.