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2024 Supreme(Online)(KER) 36406

HIGH COURT OF KERALA
AMIT RAWAL, Easwaran S., JJ
PANNEN PRASAD – Appellant
Versus
RATHISH.P NAMBIAR – Respondent


Advocates:
For the Appellants/Petitioners: ABDUL RAOOF PALLIPATH, E.MOHAMMED SHAFI, PRAJIT RATNAKARAN, SITHARA RAHEEM, V.K.
For the Respondents: K.V.PAVITHRAN, JAYANANDAN MADAYI, ADARSH KURIAN

Table of Content
1. challenge to the rent controller's impounding of lease deed photocopy. (Para 1 , 2)
2. court's ruling on insufficiently stamped original documents. (Para 3)

JUDGMENT

Amit Rawal, J.

1. Present petition is directed against the impugned order of the Rent Controller impounding the photocopy of the lease deed. Noticing the contention, we had, on 04.10.2024 passed the following order: “1. Inter alia alleges that the photocopy of the memorandum of understanding purported to be a lease deed has been impounded at the best, could be considered as secondary evidence. There is no such provision in the Stamp Act for impounding the photocopy of the memorandum of undertaking.

2. Issue notice before admission. In the meantime, the order under challenge is ordered to be stayed. Respondents are directed to be served through counsel in the trial court as well as through speed post.

Post on 26.11.2024.”

2. Even otherwise, the said fact has been objected by other side, that only the insufficiently stamped original document can be impounded under the Stamp Act. Even otherwise the stand of the respondent – tenant, whether he is a tenant or licensee, will be subject to the evidence adduced by

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