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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
JITENDRA NATH SACHHAR S/O SRI SAI DASS SACHHAR – Appellant
Versus
YODJRAJ S/O SHRI SAI DASS SACHHAR – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present civil writ petition has been filed assailing the order dated 19.01.2026, passed by learned District Judge, Jhalawar, in Civil Suit No.121/2024, whereby the application filed by the plaintiff–respondent under Section 35 of the Indian Stamp Act, 1899 (hereinafter referred to as “the Act of 1899”) corresponding to Section 39 of the Rajasthan Stamps Act, 1998 (hereinafter referred to as “the Act of 1998”) read with Section 49(c) of the Registration Act, 1908 (hereinafter referred to as “the Act of 1908”) has been allowed. The learned trial Court, while holding that the partition agreement in question is unregistered and, therefore, inadmissible in evidence, directed that the said document be impounded and placed in record in “Part D” of the case file.
2. The brief facts of the case are that the plaintiff–respondent instituted a suit for partition and possession of joint family property. In response, the defendant–petitioner filed a written statement denying the averments made in the plaint.
2.1 During the course of proceedings, the plaintiff–respondent filed an application under Section 35 of the Act of 1899 read with Section 49(c) of the Act of 19
Under the Indian Stamp Act, once a document is found to be insufficiently stamped, the court is duty-bound to impound the document and send it to the Collector for proper assessment and payment of th....
The court confirmed that a document evidencing possession transfers its status from an agreement to a conveyance, thus imposing requisite stamp duty as per statutory provisions.
Deficient stamp duty – Non-payment of stamp duty is a curable defect – Inadmissibility of insufficiently stamped instruments and impounding thereof, is a statutory mandate.
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
The court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
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