MOHD. MAQBOOL MIR Vs. ALI MOHD. GANAI

JUDGEMENT

(1.) JUDGMENT dated 07.02.2005 passed by learned Single Judge in appeal No. 112/2004, where -under judgment and decree passed by learned trial court i.e. District Judge, Pulwama dated 20.5.2004 has been up -held, is subject matter of this LPA.

(2.) LEARNED counsel for the appellant has raised a vital point regarding maintainability of the suit as the document "Hundi" forming base of the suit according to him was inefficiently stamped, therefore, inadmissible in evidence as envisaged by Section 35 of the J&K stamp Act. Buttressing this argument, it is contended that the "Hundi" is written on a paper with impressed stamp of the value of Rs. 1/ - when it ought to have been written on a paper with impressed stamp of the value or Rs. 2/ -. In support of this contention reliance has been placed on the judgment captioned Ghulam Ahmad Bhat v. Mohammad Shaban Gujri reported in, SLJ 1983 J&K 217.

(3.) SECONDLY as to whether the "Hundi" available on the file which is written on the paper with impressed stamp of the value of Rs. 1/ - to which another of the same value is attached can be termed to be insufficiently stamped.