KAUSHAL KUMAR DATTA Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The petitioner instituted Civil Revision No. CR-5803-2025, impugning the order dtd. 25/5/2025, whereby the learned Trial Court dismissed the application seeking impounding of the rent deed on the ground of deficient stamping and same being unregistered.

(2.) Succinctly stated, the respondent-plaintiff instituted a suit for ejectment and possession against the petitioner. During the pendency of the said suit, the respondent-plaintiff placed on record a rent deed. The said instrument was admittedly unregistered and, as alleged, insufficiently stamped. The petitioner accordingly moved an application praying that the rent deed be impounded, contending that the same was in contravention of Sec. 17 read with Sec. 49 of the Registration Act, 1908 as well as the provisions of the Indian Stamp Act, 1899. A specific prayer was made that the document be impounded and that the requisite stamp duty, along with the applicable penalty, be directed to be recovered in accordance with law.

(3.) Upon issuance of notice, the respondent entered appearance through learned counsel and contested the petition.