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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Rakesh Nandra – Appellant
Versus
Kaushalya Devi Since Deceased Through – Respondent
| Table of Content |
|---|
| 1. the application challenges an order regarding a rent deed. (Para 1) |
| 2. the trial court's order lacked jurisdictional exercise. (Para 2) |
| 3. revision petition allowed; previous order set aside. (Para 3) |
| 4. trial court must hear and decide the case afresh. (Para 4) |
Virinder Aggarwal, J.
The present petition has been filed under Article 227 of the Constitution of India, the order dated 20.05.2025 has been assailed, vide which, the application for impounding the rent deed in view of the provisions of Section 17 read with Section 49 of Registration Act, 1908 and Section 35 of Stamp Act, 1899 on account of rent deed being unregistered and unstamped was dismissed.
2. Perusal of the application shows that the application was on account of rent deed not being registered and stamped but the learned Civil Judge, Junior Division, Chandigarh vide impugned order dated 20.05.2025, relevant portion of which is reproduced at page 40 of the paper book, has nowhere dealt with the said ground raised in the application, which reads as under:
“After hearing the learned counsels for the parties and perusing the case-file carefully, this is of the considered view that nothing is de
The trial court must thoroughly address all grounds in applications concerning impounding documents; failure leads to jurisdictional error.
The Court applied the provisions of Order XV-A of the CPC to direct the deposit of rent based on the registered Rent Agreement, emphasizing the importance of upholding written agreements between part....
The registered Addendum Lease Deed prevails over the unregistered MoU, and the trial Court's order on rent determination is upheld based on tenant admissions.
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
The court upheld the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
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