RAVISHANKAR BAWALIYA Vs. VIJAY KUMAR BAWALIYA

JUDGEMENT

(1.) The instant Writ Petition under Article 227 of the Constitution of India has been preferred against the order dated 19.11.2019 passed by the learned court below whereby the learned Court below allowed the application filed by the Respondents-defendants filed under Order 13 Rules 3, 4 and 6 of the Civil Procedure Code and held the Sale Deed executed in the year 1884 to be inadmissible in evidence.

(2.) The brief facts giving rise to the instant Writ Petition are that the Petitioners-Plaintiffs had filed a suit for Partition and Permanent Injunction with respect to an immovable property situated at Nehru Market, Jhunjhunu. It was averred by the Petitioners-Plaintiffs that the aforementioned property was purchased by them jointly with the predecessors of the parties through Sale Deed executed in the year 1884, for a total sale consideration of Rupees 300/-. The Respondents-defendants denied the execution of the aforementioned Sale Deed and also took a specific objection that being an unregistered and insufficiently stamped document, the Sale Deed in question was not admissible in evidence.

(3.) During the pendency of the suit, the Respondents-Defendants filed an application under Order 13, Rules 3, 4, and 6 of the CPC stating therein that the Sale Deed which the Petitioners-Plaintiffs stated to have been executed between the predecessors of the parties was not admissible in evidence as the same was unregistered and insufficiently stamped. It was stated by the Respondents-Defendants that the Sale Deed was for a sale consideration of Rupees 300/- and since the value of the property in question was more than Rupees 100/-, it was a compulsorily registrable document in view of Section 54 of the Transfer of Property Act, 1882 (for short, 'the Act of 1882').