BATTI LAL Vs. MANMOHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner assails the order dtd. 05/08/2008 passed by the learned trial court whereby the document Exhibit-1 produced during evidence has been rejected with direction to remove from the list of exhibits, holding the same to be inadmissible in evidence.

(2.) Learned counsel appearing for the plaintiff-petitioner submits that an agreement was executed on 20/03/2004 between the plaintiff-petitioner and the defendants-respondents for sale of land of Khasra No. 3424 and 4888 for a sum of Rs.85,000.00 on a stamp paper of Rs.100.00 and the same was duly attested. It was agreed that the sale deed would be registered within an year and with the condition that in case the sale deed is not exhibited and registered, the defendants-respondents shall pay to the plaintiff-petitioner a sum of Rs.1,70,000.00. An amount of Rs.60,000.00 was paid and the remaining amount of Rs.25,000.00 was to be paid by 26/03/2004. The land was however not sold to defendants-respondents Nos. 3 and 4 and thus, the plaintiff-petitioner filed a suit seeking decree of specific performance of contract and for declaring the sale deed dtd. 16/09/2004 as void and further to restrain the defendants-respondents from disturbing peaceful possession of the plaintiff-petitioner on the land which was handed over to him. It was further prayed for granting a decree of specific performance of contract.

(3.) By the order impugned, the learned trial court held that the document dtd. 20/03/2004 was, in-fact, a sale and was written on a deficit stamp duty of Rs.1,01,750.00 and therefore, could not be read in evidence as Exhibit-1.