RAJENDRA SINGH SHEKHAWAT Vs. SHRI NAVEEN DADICH

JUDGEMENT

(1.) Under challenge is the order dated 30.8.2018 passed by the trial court holding the agreement to sell dated 1.3.2013, on the basis of which the suit for specific performance was laid by the petitioner-plaintiff (hereafter 'the plaintiff') to be inadmissible in evidence both on the ground of it being unregistered and also under-stamped.

(2.) Mr. MM Ranjan, Sr. Counsel appearing with Mr. Rohan Agarwal submitted that the order under challenge before this Court is patently illegal insofar as it holds the agreement to sell dated 1.3.2013 inadmissible in evidence in a suit for specific performance as the trial court overlooked the proviso to section 49 of the Registration Act, 1908. Mr. MM Ranjan fairly submitted that indeed the agreement to sell dated 1.3.2013 being on a stamp paper of Rs. 100/- was under-stamped, but that lacuna is curable by filing an appropriate application before the trial court under the Rajasthan Stamp Act, 1998 (Act of 1998) for impounding of the said agreement to sell and remitting it to the jurisdictional Collector (Stamps) for assessing stamp duty / interest / penalty payable thereon under the operating Act. Mr. Ranjan submitted that the plaintiff could not move the application for impounding of the agreement to sell dated 1.3.2013 and having it remitted to the jurisdictional Collector (Stamps) for assessment of stamp duty and payment thereof for the reason that the trial court by the order dated 30.8.2018 has kept out its admissibility for being unregistered. And until that part of the impugned order is quashed and set-aside, the plaintiff cannot beneficially resort to his remedy in law under the Act of 1998 on the aspect of agreement to sell being under-stamped.

(3.) Heard. Considered.