SURESH DHARU Vs. STATE AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THE basis of the challenge of proceedings of acquisition in this writ petition by the petitioners is that he has purportedly purchased the land from the power of attorney holder of M/s. Gordan Ram and seven others on 15.03.2000. The agreement is attested on 08.09.2000. There is a condition in the agreement that if the sale deed is not executed within one year, then the agreement would be annulled for the reasons and conditions stated in para 5 of the agreement. Thus, the right of the petitioner flow from this agreement.

(3.) IT is also important to note that the agreement has been executed on a stamp paper of Rs. 100/ -, which is insufficient stamp, in view of the amendment in Section 17(1)(f) of the Registration (Rajasthan Amendment) Act, 1989. In terms of Article 23 of 2nd Schedule of the Rajasthan Stamp Laws (Adaptation Act), 1952 and explanation appended to it, an agreement to sale on immovable property in the case of transfer of possession of such property before, at the time of or after the execution of such instrument be deemed to be conveyance and the stamp duty thereon shall be chargeable accordingly. Rs. 100/ - stamp is insufficient and therefore, this document is inadmissible in evidence. So not only the agreement confers no right on the petitioner, it is also not admissible in evidence for the reasons stated hereinabove. Within one year, the agreement has come to an end, because the sale deed is not valid and therefore also, the agreement cannot be considered to confer any right on the petitioner.