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1965 Supreme(Raj) 245

JAGAT NARAYAN
Radha Kishan – Appellant
Versus
Firm Jwala Prasad Shiv Prasad – Respondent


Advocates Appeared:
H.C. Jain, for Petitioner; M.L. Joshi, for Respondent

JAGAT NARAYAN, J.—This is a revision application by the objectors against an order of the Senior Civil Judge, Sikar, holding that a document on which they rely is inadmissible in evidence for want of registration and for want of being stamped. The revision application has been contested on behalf of the decree-holders.

In execution of a decree of the decree-holders against Kishan Lal respondent No. 6 an undivided half share of a Haveli situated at Fatehpur in Sikar District was attached on 21.8.60. On 1.10.60 the applicants filed an objection claiming that the undivided half share of Kishan Lal in the Haveli in question was mortgaged in their favour on 4.5.56 by the deposit of title deeds. In support of this allegation they filed a document which runs as follows :

"No.7, Banstalla Gulli,

Calcutta.

Dated 4th May, 1956.

M/s Ghanshyamdas Radhakishan,

89, Cross Street, Calcutta.

Dear Sirs,

This is to place on record that I have on 4th day of May 1956, deposited with you at No. 89, Cross Street, Calcutta, the documents of title mentioned hereunder relating to undivided one half share belonging to me in a haveli (Dwelling House) situated at Fatehpur in the District of Sikar in the State of Rajas



























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