The court establishes that only original documents that are insufficiently stamped may be impounded under the Kerala Stamp Act, 1959.

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 the parties and its outcome, but not in the manner and mode.

3. For the sake of brevity, the operative part of the impugned order reads as under:

The petitioners in RCP 12/20 on the file of this Court produced before the Court a lease deed dated 19.11.2018 along with the petition but they have not tendered it in evidence. The monthly rent shown in the lease deed is Rs.1,00,000/- and the lease was for 11 months but the lease deed was engrossed on stamp paper worth Rs.200/- only. The lease deed is insufficiently stamped. Hence, it is impounded u/s.33(1) of the Kerala Stamp Act

1959.

Send the lease deed dated 19.11.2018 produced in RCP 12/20 to the District Collector u/s.37(2) of the Kerala Stamp Act , 1959.

We thus set aside the impugned order, allow the petition and direct the Rent Controller to proceed with the trial in accordance with law.

Sd/-

AMIT RAWAL JUDGE Sd/-

EASWARAN S.

JUDGE nak APPENDIX OF OP (RC) 118/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORIGINAL PETITION DATED

10.2.2020 IN RCP 12/2020 ON THE FILE OF RENT CONTROL COURT (MUNSIFF COURT), KOOTHUPARAMBA Exhibit P2 A TRUE COPY OF COUNTER STATEMENT DATED

17.1.2022 IN RCP 12/2020 BEFORE THE MUNSIFF COURT, KOOTHUPARAMAB ALONG WITH TEH ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE ORDER IN RCP 12/2020 DATED 23.11.2022 BEFORE THE RENT CONTROL (MUNSIFF) COURT, KOOTHUPARAMBA Exhibit P4 TRUE COPY OF THE SUOMOTO ORDER DATED

16.11.2022 PASSED BY MUNSIFF COURT, KOOTHUPARAMBA Exhibit P4(a) A TRUE COPY OF THE AGREEMENT WITH TRANSLATION