Salim vs Sultan Singh @ Sartan Singh on 13 March, 2024
04. Learned counsel for the petitioner submits that so far as insufficient
stamp is concerned, the petitioner is ready to pay the deficit stamp duty, for
which the Court was required to pass an order under Section 35-A of the Indian
Stamp Act as held by this Court in the case of Mahendra v/s Ramvilas
Shukla & Others reported in 2023 SCC OnLine M.P. 2577 . So far as the
issue of non-registration is concerned, that objection is liable to be raised at the
time of tendering of this deed in evidence. It is further submitted that the
petitioner has not filed the suit for the possession or specific performance of
contract treating the agreement as mortgaged, he has filed the suit simply for
recovery of money for which agreement was executed, therefore, by virtue this
limited prayer in the suit, the agreement is not required to be registered and for
the collateral purpose, it can be looked into.