LAKHAN SINGH @ LAKHAN Vs. BADAN SINGH AND ANR.

JUDGEMENT

(1.) Under challenge is the order dated 2.2.2018 whereby the trial court has allowed the respondents-plaintiffs' (hereafter 'the plaintiff') application for impounding of the agreement of the agreement to sell dated 11.9.1990 and remitting it to the Collector (Stamps), Bharatpur for determination of the appropriate stamp duty and penalty thereon.

(2.) Counsel for the petitioner-defendant (hereafter 'the defendant') Mr. Yogesh Singhal submitted that the agreement to sell dated 11.9.1990 of which impounding was sought by the plaintiffs is a forged document and in-fact in regard thereto a FIR having been filed, the plaintiffs have been challaned and cognizance taken against them under Section 420, 467, 468 and 471 IPC. It was submitted that in this view of the facts, the trial court ought not to have exercised its discretionary powers under Section 35 of the Rajasthan Stamp Act, 1998, impounded the agreement to sell dated 11.9.1990 and remitted it to the Collector (Stamps) for assessment of the duty and penalty payable thereon rendering the said agreement admissible in evidence - despite it being forged.

(3.) Heard counsel for the defendant and perused the impugned order dated 2.2.2018.