NATTHU KHAN Vs. KOMAL

JUDGEMENT

(1.) The petition is admitted and with the consent of the parties, it is finally heard.

(2.) The petitioner-plaintiff being aggrieved by the order dated 25/1/2008 passed by learned Civil Judge, Class 1 Biaa in Civil Suit No. 197-A/2006 is before this Court with a submission mat the order passed by the Court below shows absolute non-application of mind because on one side it is required the plaintiff to pay duty and penalty on the document treating it to be an agreement and at the same time it is holding that the document is a complete sale.

(3.) it is submitted by the i earned counsel for the petitioner that if the document is an agreement for sale with delivery of possession then the question of stamp duty only would arise but it its held that the document is a complete sale and is unregistered then the document would be inadmissible except for collateral purpose. It is submtted that the order passed by the Court below deserves to be set aside,