PARSADI Vs. NATHYA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 17/9/2024 passed by learned Senior Civil Judge, Gangapur City (for brevity, 'learned trial Court') in DRA No. 06/2017 whereby, an application filed by the petitioner/non-applicant (for brevity, 'petitioner') raising an objection as to admissibility of the subject document in evidence, has been rejected.

(2.) The relevant facts in brief are that the respondent no.1/applicant (for brevity, 'applicant') filed an application under Sec. 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (for brevity, 'Act of 1957') against the petitioner and the proforma respondent no.2 wherein, the petitioner filed an application raising objection as to admissibility of the document dtd. 20/10/2014 which has been rejected by the learned trial Court vide order impugned dtd. 17/9/2024.

(3.) Assailing the order, learned counsel for the petitioner made two fold submissions. Firstly, he submitted that the Collector (Stamps), Jaipur has, vide order dtd. 20/8/2024, held that the document was compulsorily registerable. Secondly, inviting attention of this Court towards the subject document-an agreement, he would submit that since, it was mortgage deed with conditional sale, it was compulsorily registerable and the learned trial Court erred in severing it in two parts and in holding that the first part did not require registration. He, therefore, prays that the writ petition be allowed, the order impugned dtd. 17/9/2024 be quashed and set aside and the document dtd. 20/10/2014 be held to be inadmissible in evidence for want of registration.