VISHAL VERMA Vs. AASHA DEVI

JUDGEMENT

(1.) The present petition has been filed by the petitioner- defendant (hereinafter referred to as 'the defendant') challenging the order dated 03.07.2019 passed by the Additional District & Sessions Judge No.1, Sambhar Lake, District Jaipur, (hereinafter referred to as the "Trial Court") whereby the objection raised by the defendant has been rejected and respondent-plaintiff (hereinafter referred to as 'the plaintiff') has been permitted to exhibit in evidence the certified copy of the rent note.

(2.) Brief facts giving rise to the present petition are that the plaintiff filed a civil suit against the defendant for eviction and recovery of rent. During the pendency of the suit, the plaintiff sought to exhibit a certified copy of the rent note in evidence, which was objected to by the defendant. The said objection of the defendant has been rejected by the Trial Court vide its order dated 3.7.2019 permitting the plaintiff to exhibit the certified copy of the rent note in evidence. Hence, this writ petition.

(3.) Learned counsel for the defendant submits that the rent note was executed for five years and for the lease deed / rent note for more than a year, registration is a compulsory requirement in terms of Section 17 and 49 of the Registration Act. He further submits that the rent note was not executed on proper stamp paper, as such the same was inadmissible in evidence in terms of Section 33 and 35 of the Stamp Act. However, the learned Trial Court has utterly failed to consider this aspect of the matter and on this count, the impugned order is liable to be quashed and set-aside.