SHER SINGH Vs. AJAY KUMAR KHANDELWAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant (for short, 'the defendant') against the order dated 13.12.2019 passed by the Trial Court in Civil Suit No. 15/2013, whereby the application filed by the defendant for not exhibiting the agreements to sell, being unregistered and insufficiently stamped, has been dismissed.

(2.) Learned counsel for the defendant submits that the respondent-plaintiff (for short, 'the plaintiff) filed a suit against the defendants for declaration and cancellation of the registered sale deed dated 17.10.2012. During the pendency of the suit, the plaintiff produced four agreements to sell. The defendant filed an application for not exhibiting them being insufficiently stamped and unregistered, but the Trial Court dismissed the same in an arbitrary manner. He further submits that insufficiently stamped and unregistered agreements to sell could not be used for any purpose. However, the learned trial court has utterly failed to consider this aspect of the matter and erred while giving a perverse finding that they have been produced as a linking evidence. On this count, the impugned order is liable to be quashed and set-aside.

(3.) On the other hand, learned counsel for the plaintiff submits that the agreements were executed on stamp duty, as prevalent at the relevant point of time, therefore, they were admissible in evidence. He further submits that the suit was filed on the basis of registered sale deed dated 17.2.2012 and agreements to sell dated 7.3.1992, 6.5.1992 and 25.5.1993 were produced as a linking evidence. For this reason, no interference with the impugned order is required by this Court.