LAWS(RAJ)-1996-9-44

JAMNA BAI Vs. TULSI RAM

Decided On September 25, 1996
JAMNA BAI Appellant
V/S
TULSI RAM Respondents

JUDGEMENT

(1.) The plaintiff-petitioner has filed this revision petition under Section 115, C.P.C. against the order dated 18-7-96 passed by Shri Pratap Singh, Civil Judge (J.D.), North Udaipur in Civil Original Suit No. 142/90 by which the learned Civil Judge held that the document in question (Agreement to Sale dated 28-1-90) though not registered and properly stamped could be used by the defendant for the colateral purpose.

(2.) The plaintiff-petitioner filed a suit against the non-petitioner-defendant for permanent injunction in the trial Court. She averred that she has been in possession of residential plots Nos. 3 and 4 in Sundawas Area of the City of Udaipur in which boundary wall has been constructed around the above plots. The plaintiff further alleged that the defendant was interfering in her peaceful possession and enjoyment. She, therefore, prayed that the defendant be restrained by permanent injunction from interfering with her peaceful and lawful possession. The defendant contested the suit and filed written statement. Issues were framed. The evidence of the plaintiff has also been concluded. When the evidence of the defendant commenced, the defendant wanted to produce and execute the sale-deed dated 28-1-90 alleged to have been executed by Nandlal in favour of the defendant. The plaintiff objected to the admissibility of the above document in evidence on the ground that neither the document was written on proper stamp nor registered according to law. The document was, therefore, inadmissible in evidence and that it could not be used for any purpose including the collateral purpose.

(3.) The trial Court was, therefore, called upon to decide the question of admissibility of the above document. The contention of the defendant was that though the document was not registered under Section 49 of the Registration Act, the defendant was entitled to produce the document in question for the collateral purpose of proving his possession.