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2005 Supreme(SC) 1753

R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
Mool Chand – Appellant
Versus
Nanagram – Respondent


ORDER :

R.C. Lahoti, CJI.

Leave granted.

2. In a civil suit, a document dated 7-12-1991 styled as "agreement" was sought to be tendered in evidence. It is executed on stamp paper but is not registered. The admissibility of the document was objected to by the opposite party submitting that the document was compulsorily registrable and as it was not registered it was inadmissible in evidence. The objection prevailed with the trial court which refused to admit the document in evidence. Feeling aggrieved, the appellants herein filed a civil revision in the High Court which was dismissed. Hence, this appeal by special leave.

3. Having heard the learned counsel for the parties, we are satisfied that the order dated 7-10-1999 passed by the trial court holding the agreement dated 7-12-1991 inadmissible in evidence for want of registration cannot be sustained and has to be set aside.

4. A perusal of the document reveals that Nanagram, the executant, is one of the four brothers. He purchased the property about 23-24 years prior to 7-12-1991. The document recites that the land was purchased by the four brothers jointly, though the sale deed was executed only in the name of the executant. The docum

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