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ANJULI PALO
Sarvar Bano – Appellant
Versus
Manju Singh – Respondent
JUDGMENT
1. Though this matter was listed for orders on admission, however, with the consent of learned counsel for the parties, the matter is heard finally.
2. This application under Order 47 Rule 1 CPC has been filed by the applicant (petitioner) seeking review of order dated 30.3.2022 passed in Misc.Petition No.1406/2018 whereby the petition filed by the applicant under Article 227 of the Constitution of India has been dismissed.
3. The respondent/plaintiff filed a civil suit for specific performance of contract which was entered into with applicant/defendant in respect of purchase of agricultural suit lands. Alongwith plaint the respondent/plaintiff filed sale deed executed on stamp paper of Rs.50/- (five of Rs.10/- denomination each). It is alleged that in the plaint that document was pleaded to be sale deed and not a draft thereof, which was signed by seller, purchaser and witnesses and contained their photographs. During pendency of civil suit, the applicant/defendant filed an application u/s 17 of Registration Act read with section 35 of the Stamps Act praying not to permit the plaintiff to exhibit the sale deed on the ground that photocopy of said document is not admissible i
The main legal point established in the judgment is that an unregistered sale deed may be admissible as evidence of an agreement to sell in a suit for specific performance under the Specific Relief A....
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
The trial Court has discretion to deny document production in a specific performance case; unregistered agreements can serve as evidence if possession was not delivered.
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....
Documents not duly stamped are inadmissible in evidence for any purpose under Section 35 of the Indian Stamp Act, including collateral purposes.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
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