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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Kaushal Kumar Datta – Appellant
Versus
Kaushalya Devi (Deceased) through LRs – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The petitioner instituted Civil Revision No. CR-5803-2025, impugning the order dated 25.05.2025, whereby the learned Trial Court dismissed the application seeking impounding of the rent deed on the ground of deficient stamping and same being unregistered.
2. Succinctly stated, the respondent–plaintiff instituted a suit for ejectment and possession against the petitioner. During the pendency of the said suit, the respondent–plaintiff placed on record a rent deed. The said instrument was admittedly unregistered and, as alleged, insufficiently stamped. The petitioner accordingly moved an application praying that the rent deed be impounded, contending that the same was in contravention of Section 17 read with Section 49 of the Registration Act, 1908 as well as the provisions of the Indian Stamp Act, 1899. A specific prayer was made that the document be impounded and that the requisite stamp duty, along with the applicable penalty, be directed to be recovered in accordance with law.
3. Upon issuance of notice, the respondent entered appearance through learned counsel and contested the petition.
4. I have heard the learned counsel appearing on behalf of t
The trial court must thoroughly address all grounds in applications concerning impounding documents; failure leads to jurisdictional error.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
The court upheld that technical defects in documents should not allow unfair advantages, particularly when the document’s existence is contested.
An agreement for a future lease contingent on construction does not constitute a lease and cannot be impounded for stamp duty until the property exists.
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....
Agreement to sell – Impounding an agreement to sell of an immovable property after 23 years of its alleged execution, where execution itself is disputed and which was never presented for registration....
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