Admissibility of unregistered document in suit for specific performance based on Registration Act and Stamp Act

ORDER

1. By this writ petition the petitioner-plaintiff has challenged the order dated 25.03.2008 passed by the Civil Judge No.1, Bayana, District Bharatpur whereby the application filed on behalf of the respondents was allowed and it has been held that the agreement dated 15.07.2003 is inadmissible as evidence.

2. Brief facts of the case are that the petitioner-plaintiff filed a suit for specific performance of the agreement dated 15.07.2003.

3. During the proceedings before the learned trial Court objection was raised by the defendants by filing an application with regard to admissibility of the said document as the same was neither appropriately stamped nor it was registered.

4. Learned trial Court vide order dated 25.03.2008 allowed the application and held that the said document was inadmissible as evidence.

5. Counsel for the petitioner submitted that the petitionerplaintiff is willing to make the deficit stamp.

6. In support of his contentions, counsel for the petitionerplaintiff relied upon the judgment passed by coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Bhanwar Lal Vs. Gopal Lal [S.B. Civil Writ Petition No.4393/2019] decided on 09.12.2019.

7. Counsel appearing on behalf of the respondents opposed the writ petition and submitted that no efforts have been made by the petitioner-plaintiff requesting learned trial Court for sending the document for determination of appropriate stamp duty.

8. Heard counsel for the parties and perused the record.

9. This writ petition filed by the petitioner-plaintiff deserves to be allowed for the reasons; firstly, the suit in question is a suit for specific performance of the agreement to sell dated 15.07.2003; secondly, in view of the proviso to Section 49 of the Registration Act, an unregistered document can be admitted in evidence in a suit for specific performance of such agreement; thirdly, in view of provisions of Section 35 of the Stamp Act, 1899, the document can be admitted in evidence on payment of appropriate stamp duty.

10. In that view of the matter, this writ petition stands allowed. The impugned order dated 25.03.2008 is quashed and set aside and learned trial Court is directed to impound the agreement to sell dated 15.07.2003 and send it for determination of appropriate stamp duty within a period of 15 days after receiving the certified copy of this court. The concerned Collector Stamps shall determine the stamp duty payable on such document within a period of one month from receipt of the document. Office is directed to send a copy of this matter to the concerned trial Court.