MUNGI DEVI Vs. RAMLAL

JUDGEMENT

(1.) The petitioners-defendants, by way of present writ petition has challenged the validity and propriety of the order dtd. 14/10/2025 passed by the learned Civil Judge (Senior Division), Jalore ("learned Trial Court") rejecting the application of petitioners/defendants filed under Sec. 35 of the Rajasthan Stamp Act, 1998 and refused to impound and determine the Stamp Duty of the document dtd. 6/6/1976.

(2.) Explaining the background facts, learned counsel for the petitioners submitted that the respondent-plaintiff has filed a civil suit praying for possession of the suit property. It is pleaded that the suit property has been given by the petitioner-tenant to the father of the present defendants Late Shri Poonam Chand on license, without rent, solely for the purpose of running a floor mill. It is further pleaded in the plaint that the original sale deed of the land in question was also handed over to Late Shri Poonam Chand so as to allow him to obtain the electricity connection in his own name. Further, when the defendants have refused to vacate the said land and threatened to create third party rights, the suit for possession was filed.

(3.) The written statement was filed by the defendants, denying the averments made in the plaint. It is contended that as a matter of fact, by virtue of a mortgage-cum-possession deed dtd. 6/6/1976, Late Shri Poonam Chand and his legal representatives remained in possession of the land in question. On the basis of said defence and while raising objections regarding maintainability of the suit, the defendants prayed for dismissal of the suit.