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2015 Supreme(Raj) 336

MOHAMMAD RAFIQ
Mahesh Chand – Appellant
Versus
Judicial Officer – Respondent


Advocates Appeared:
Shri Keshav Agrawal for the petitioner.
Shri Raj Kamal Gaur for the respondents.

Judgement Key Points

The legal document discusses the admissibility of unregistered and unstamped sale deeds in evidence within a civil suit for declaration and injunction. It emphasizes that such documents, if not registered and stamped, are generally inadmissible as evidence of the transaction itself. However, they may be used for collateral purposes if they are independent of or divisible from the transaction that law requires to be registered. The key legal principles highlight that the question of whether a document is properly stamped and registered must be decided before proceeding further in the case, not deferred until the final hearing. Additionally, the document's purpose for being introduced in evidence—whether as part of the main transaction or for collateral reasons—determines its admissibility. In this context, if the document is directly related to the main transaction, such as a sale deed creating rights or interests in immovable property, it cannot be admitted unless properly registered and stamped. Conversely, if it is for collateral purposes and independent of the primary transaction, it may be admissible even if unregistered or unstamped. The court also clarified that mere production or marking of a document as an exhibit does not amount to proof, and the issue of stamp duty deficiency must be resolved at an appropriate stage of the proceedings.


ORDER

1. This writ petition has been preferred by plaintiff assailing the order dated 16.2.2012, whereby the Gram Nyayalaya, Gangapur City has declined to accept the sale deed dated 15.7.1992 produced by the petitioner in his suit on the premise that the same is un-registered and unstamped and, therefore, not admissible. Petitioner filed the suit for declaration and injunction on the basis of the aforesaid sale deed asserting that he purchased plot nos.54, 61, 38 and 76 from Shafi Mohammed, Rais Mohammed, Zamila and Gafoor Mohammed for sale consideration of Rs.15,000 and was simultaneously put in possession of the plots. The defendants-Babu Lal and Pramod Kumar were trying to forcibly dispossess him and take possession of the land of the aforesaid plots so as to start construction thereupon. The defendants contested the suit denying the allegations. The learned trial court framed five Issues. The plaintiff during trial submitted in support of his case filed his affidavit in evidence. When the plaintiff wanted to exhibit the aforesaid sale deed in evidence, objection was raised on behalf of the defendants and the trial court by the impugned order has sustained the objection. Hence th


























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