ATMA RAM Vs. GAJENDRA KUMAR JOSHI

JUDGEMENT

(1.) The present writ petition has been filed by the petitionertenant challenging the order dated 10.01.2018 passed by Rent Tribunal, Jodhpur Metropolitan, vide which, the application filed by the respondent-landlord under Sections 15 and 21 of the Rajasthan Rent Control Act, 2001 was allowed and the application filed by him under Sections 39 and 42 of the Rajasthan Stamp Act and under Section 21 of the Rent Control Act was disposed of with a direction to impound the alleged rent-note and send it to the Collector (Stamp), Jodhpur to make up the deficiency of stamp.

(2.) Two applications were filed by the respondent-landlord before the Rent Tribunal. Through the first application, the respondent-landlord sought to file a certified copy of the Will dated 17.01.1994. The second application was filed by the respondent-landlord seeking permission to allow the unregistered rent-note dated 04.05.2006 to be read as admissible in evidence.

(3.) While praying for setting aside the impugned order, learned counsel for the petitioner-tenant raised twofold arguments: firstly, the rent-note, which is in fact rent agreement is neither sufficiently stamped nor registered, hence, the same is not admissible in evidence and it should not be allowed to be exhibited. Reliance was placed on the judgment rendered by Division Bench of this Court in the case of Banwarilal Sharma v. Ram Swaroop, reported in AIR 1974 Rajasthan 178 to contend that as per section 107 of the Transfer of Property Act, 1882, any lease which is produced in writing, should be registered and any written document, which is not registered, even if the same is less than one year, cannot be used in evidence.