DARSHAN SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) Darshan Singh defendant moved an application for the grant of permission to him to lead secondary evidence of agreement dated 14/2/1989 which got lost/ misplaced by the officials of the Tehsil. Office Kanungo was summoned for the production of the original agreement dated 14/2/1989 which was attached with Mutation No.3015 relating to exchange of land which was brought about by that agreement dated 14/2/1989. Office Kanungo stated that the original agreement was not lying on the mutation record. It got misplaced and it was not traceable. Its attested copy was obtained by Darshan Singh on 20/6/1995 from the mutation record. He stated that this agreement was very essential to prove his case and as such he be allowed to produce the attested copy of that agreement and prove it by secondary evidence.

(2.) Plaintiff Harbhajan Singh and defendant Dilbagh Singh opposed this prayer saying that this application is not maintainable and further this agreement is in fact a deed of exchange which is not admissible into evidence for want of stamp and registration. Deed of exchange is required by law to be compulsorily registered and without being registered, it is a waste paper. Vide order dated November 25, 1999, Additional Civil Judge (Senior Division), Anandpur Sahib refused this prayer of Darshan Singh saying that this document is exchange deed touching land measuring 15 kanals 12 marlas of the value of more than Rs. 100/-. Exchange deed through which property worth more than Rs. 100/- was exchanged required compulsory registration. In the absence of registration, it is a waste paper.

(3.) Darshan Singh and others have come up in revision to this court against this order.