Rajasthan High Court - Jodhpur
Munvvar Hussain vs Kishori Bai Koli on 21 October, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13515/2021 Munvvar Hussain S/o Shri Shaukeen Ji Luhar, Aged About 58 Years, R/o C-29, Tilak Nagar, Bhilwara (Raj.).
----Petitioner Versus
1. Kishori Bai Koli W/o Late Sh. Madanlal Ji Koli, R/o Behind Magistrate Colony, Kacchi Basti, Sanganer Colony, Kota Road, Bhilwara (Raj.).
2. Kala Devi W/o Sh. Ramchandra Ji Koli Do Late Sh.
Madanlal Ji Koli, R/o Opposite Bakhta Baba, Tilak Nagar, Bhilwara (Raj.).
----Respondents
For Petitioner(s) : Mr. Rakesh Arora
JUSTICE DINESH MEHTA
Order
21/10/2021
1. The present writ petition is directed against the order dated 02.09.2021, passed by learned Additional District Judge, No.2, Bhilwara, whereby the Court below has not permitted to exhibit the agreement to sell dated 08.04.2008 for want of registration and stamp duty.
2. Mr. Rakesh Arora, learned counsel for the petitioner (plaintiff), at the outset, submitted that the Court below has committed an error of law in not allowing the petitioner to mark Exhibit on the contentious agreement to sell dated 08.04.2008 and in allowing respondents' application dated 16.08.2018. (Downloaded on 21/10/2021 at 08:52:53 PM)
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3. Mr. Arora, argued that the learned trial Court has simply allowed the application filed by the respondents-defendants and did not even give time to the petitioner-plaintiff to offer applicable stamp duty on the document in question. He added that the Court below could have impounded the document and require the petitioner to pay applicable stamp duty.
4. He fairly concedes that so far as the stamp duty is concerned, it has to be paid on the agreement to sell for the purpose of its admissibility, while maintaining that in the suit of specific performance even an unregistered agreement can be led in evidence.
5. Learned counsel submitted that had the trial Court given opportunity to the petitioner, he would have volunteered to pay applicable stamp duty on the agreement to sell.
6. In view of the fair stand taken by the petitioner, the writ petition is disposed of with a liberty to the petitioner to move an application before the trial Court indicating therein that the petitioner-plaintiff is prepared to pay appropriate stamp duty on the document in question.
7. In case any such application is filed on the next date of hearing, the learned trial Court shall impound the original agreement to sell dated 08.04.2008 and remit the same before the concerned Collector Stamp for determination of appropriate stamp duty.
8. On determination of appropriate stamp duty, it will be required of the petitioner-plaintiff to pay the stamp duty within a period of 30 days of the determination.
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9. Till the stamp duty is paid, further proceedings before the trial Court in Civil Case No.91/2014 shall remain stayed.
10. Needless to observe that once proper stamp duty is paid, the trial Court shall consider its admissibility in accordance with law, having due regard to provisions contained in Section 17 of the Registration Act, 1908 and Section 49 of the Rajasthan Stamp Act, 1998.
11. Stay application also stands disposed of accordingly.
(DINESH MEHTA),J 61-Ramesh/-
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