RAMESH CHAND AGARWAL Vs. MAHENDRA KUMAR AGARWAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant (hereinafter referred to as 'the defendant') against the order dated 17.1.2018 passed by the Trial Court, whereby the application filed by the defendant for not exhibiting the document in issue being unregistered and insufficiently stamped, has been dismissed.

(2.) Brief facts giving rise to the present petition are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff) filed a suit for specific performance of the contract, recovery of possession, mesne profit and permanent injunction before the Trial Court. During the pendency of the suit, the defendant filed an application for not exhibiting the document in question as it was insufficiently stamped and also unregistered. That application has been dismissed by the Trial Court vide impugned order dated 17.1.2018. Hence this writ petition.

(3.) Learned counsel for the defendant submits that the suit was filed for specific performance of the contract, which was executed on 14.11.1996 on a stamp paper of Rs. 10/-, whereas the sale consideration was Rs. 1,75,000/-. In this view of the matter, the agreement being insufficiently stamped and unregistered could not be exhibited as it is inadmissible in evidence.