JUDGMENT :

Krishna S. Dixit, J.

1. The petitioners being the defendants in respondent's Eviction/Ejectment Suit in O.S.No.3445/2012 is invoking the writ jurisdiction of this Court for assailing the order dated 17.02.2017, whereby, the trial Court after refusing to admit the subject document dated 22.06.1988, has ordered its impounding on the ground that it is unduly stamped. The notice having been served, the respondent has entered appearance through it's counsel who resists the writ petition.

2. Learned counsel for the petitioners taking the Court through the contents of the document in question, a copy whereof is at Annexure-D argues that the transaction comprised therein is only an Agreement to secure lease and not the lease as such and therefore, the finding of the court below as to the nature of the document and consequential refusal to admit the same in evidence and further, its impounding is unsustainable.

3. Learned counsel appearing for the respondent per contra vehemently contends that, the trial court in its accumulated wisdom has construed the document in question as being the lease contradistinguished from an Agreement to Lease; such a construing of the said document is su