SARAN DASS Vs. NIRMALA DEVI

JUDGEMENT

(1.) This is a second appeal by the plaintiffs, who have been non -suited by both the Courts below, i.e. the Court of Shri Ramesh -, war Sharma, Addl. District Judge (II), Kangra at Dharamshala vide judgment and decree dated 7 -10 -1988 and the Court of Shri B.L. Soni, Sub Judge, 1st Class, Kangra vide judgment and decree dated 23 -8 -1985.

(2.) It is not necessary to state the detailed facts because the Courts below have nun -suited the plaintiffs mainly on the ground that document) mark ˜X could not be read in evidence being compulsorily registerable and this not being the case, the same cannot be considered and, therefore, the plea of the plaintiffs to recover back the possession of the suit land cannot be considered.

(3.) The learned Counsel for the plaintiffs -appellants has cited an un -reported decision of this Court in Civil Revision No. 23 of 1980 (Saran Dass and others v Smt. Situ and others), decided on 8 -4 -1985. It has been held therein that where a document regarding relinquishment of tenancy rights requiring stamp duty to be paid and also registration, neither of the two things having been done, the lower Court was in error not considering the same because it was open to it in the interest of justice to allow the plaintiff to pay the requisite stamp duty and also penalty which could be imposed by the Court in its discretion.