PITRAM Vs. RIDDH KARAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner- defendant (hereinafter referred to as 'the defendant') against the order dated 20.11.2019 passed by the Trial Court, whereby the application filed by the defendant under Sections 17 and 49 of the Registration Act, 1908 (hereinafter referred to as 'the Act of 1908) has been dismissed.

(2.) Facts of the case are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff') filed a suit for recovery of a sum of Rs. 1,26,000/-. On the summon having been received, the defendant put in appearance and filed the written statement. During the pendency of the suit, the defendant filed an application under Section 17 and 49 of the Act of 1908. The plaintiff filed reply to the said application. The Trial Court vide its order dated 20.11.2019 dismissed the application filed by the defendant under Sections 17 and 49 of the Act of 1908. Hence, this writ petition.

(3.) Learned counsel for the defendant submitted that the agreement to sell dated 7.3.2015, which the plaintiff wanted to exhibit was not properly stamped, therefore, the same was inadmissible in evidence. He has further submitted that according to Section 17 and 49 of the Act of 1908 agreement to sell of any property valuing more than Rs. 100/- is required to be registered. In the purported agreement dated 7.3.2015, shop in question was valued at Rs. 20,00,000/-, for which Rs. 2,00,000/- were stated to be received. The said agreement being unregistered, was inadmissible in evidence.