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ANIL KSHETARPAL
Ayaan Institute of Medical Science – Appellant
Versus
Guru Ram Dass Educational And Charitable Trust (Regd. ) – Respondent
JUDGMENT
Anil Kshetarpal, J.
This is plaintiffs revision petition against the interlocutory order passed by the trial Court on 23.03.2021, whereby, the Court of first instance has held that copy of agreement to sell dated 10.01.2012 (Ex.PW7/1) is inadmissible in evidence and it cannot be impounded as being a photocopy as it is not an instrument on which the plaintiff can be asked to make good the deficient stamp duty or pay penalty.
2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed.
3. The plaintiff has filed a suit for possession (as owner) by way of specific performance of an agreement to sell dated 13.09.2012 with respect to land measuring 58 bighas and 7 biswas.
4. It is the case of the plaintiff that on 10.01.2012 an agreement to sell with respect to 75 bighas and 11 biswas land was entered into by defendant No.1 on the receipt of Rs.10,00,000/- as earnest money for a total sale consideration of Rs.5,55,00,000/-. The sale deed of the property was agreed to be executed on or before 11.07.2012. As per the agreement, Rs.40,00,000/- was to be paid on 18.01.2012. The defendant-Trust passed the resolution in a g
A photocopy of an unstamped document may be admissible as secondary evidence under specific circumstances despite objections under the Stamp Act.
Unregistered document affecting immovable property and required by Registration Act to be registered may be received as evidence of a contract in a suit for specific performance.
An unregistered sale agreement can be considered for proving possession and specific performance, and an agreement to sell does not confer any right, title, or interest over the property, thus not re....
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
Secondary evidence of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
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