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7. The counsel for petitioner contended that the impugned order is contrary to law; that the document in question is a sale deed dt.19.07.1974 which had already been impounded by the Trial Court and penalty was collected by it; therefore, under Section 35 (a) of the Indian Stamp Act, 1899, it is admissible in evidence and the Trial Court ought not to have refused to admit/mark the document; the judgment in K.B. Sana (1 supra), relied upon by the counsel for respondents before the Trial Court is inapplicable as it was a case of non- registration of a lease deed and not of case relating to a sale deed or other conveyance; and that the effect of non-registration of the above document can be gone into during the course of trial and need not be considered at the stage of marking the above document in view of Section 35 (a) of the Indian Stamp Act, 1899. The counsel also relied upon the decision of the Supreme Court in State, through Special Cell, New Delhi v. Navjot Sandhu @ Afshan Guru and others2 and Mulla Alamsabgari Dastigiri, Kurnool v. B. Pullamma and others3.

Therefore, I am of the view that the Trial Court has rightly held that the document in question is not admissible in evidence as it is a document which is compulsorily registrable under the Registration Act, 1908.

12. I am also unable to accept the contention of the counsel for petitioner that because the requisite stamp duty and penalty has been paid by petitioner, in view of Section 35 (a) of the Indian Stamp Act, 1899, the said document should have been admitted in evidence by the Trial Court. This contention of the petitioner is misconceived because an objection as to the admissibility of a document on the ground that it is not stamped or not properly stamped in accordance with provisions of the Indian Stamp Act, 1899 is different fundamentally from an objection to the admissibility of a document on the ground that it is unregistered. Merely because stamp duty and penalty have been paid and the provisions of the Indian Stamp Act, 1899 have been complied with, it would not automatically make the said document admissible in evidence, if as per law, the said document is also required to be registered.