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VIKRAM NATH, PRASANNA B. VARALE
Bidyut Sarkar – Appellant
Versus
Kanchilal Pal (Dead) through Lrs. – Respondent
ORDER :
1. These appeals, by defendant nos.2 and 3, have been filed assailing the correctness of the judgment and order dated 05.12.2008 whereby the Division Bench of Calcutta High Court allowed the First Appeal No.282 of 2006, titled Kanchilal Pal vs. Sashti Charan Banerjee & Others, and after setting aside the judgment of the Trial Court dismissing the suit of the respondent no.1, proceeded to decree the suit for specific performance of the contract in favour of plaintiff -respondent no.1. Hereinafter will deal with the parties as they have been referred in the Trial Court.
2. Relevant facts giving rise to the present appeals are as follows:
2.1. Sashti Charan Banerjee-respondent no.2, was admittedly the owner of the property in dispute. According to the appellants, respondent no.1 filed a suit for specific performance registered as Title Suit No.123 of 1999, Kanchilal Pal vs. Sashti Charan Banerjee and two others in the Court of Civil Judge (Senior Division), Barasat, for a decree of specific performance of contract dated 29.03.1999. The plaint allegations are as follows:
(1) Agreement to Sell – Suit for Specific Performance must be dismissed when it is based on an instrument that is legally inadmissible as evidence – Plaintiff cannot claim relief on the basis of a do....
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
The court upheld that an agreement to sell not duly stamped is inadmissible in evidence, and emphasized the necessity of proving continuous readiness and willingness for granting specific performance....
The court must determine the admissibility of documents based on the stamping requirements before relying on them in judgments, failing which can constitute a material irregularity.
The objection as to admissibility of a document cannot be raised at a later stage of the suit if it was not raised at the time of admission of the document. The suit should be decided on the basis of....
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
A sale agreement must comply with the Indian Stamp Act requirements to be admissible in evidence; failure to do so invalidates the agreement's enforceability.
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