Unstamped and unregistered sale deed remains inadmissible; impounding cannot cure the defect for evidence

An unregistered sale deed that is also insufficiently stamped cannot be admitted in evidence unless it is duly stamped in the manner permitted by law. Section 35 of the Indian Stamp Act bars admission of an unstamped instrument, and Section 17 of the Registration Act requires compulsory registration for non-testamentary instruments affecting immovable property. Because the document was intended to convey title and suffered from both defects, the claimed irregularity was not curable by impounding the deed and later marking it after payment of stamp duty and penalty. The request to admit the document in evidence was rejected.

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Issues: Whether an unregistered and insufficiently stamped sale deed could be impounded and later admitted in evidence on payment of stamp duty and penalty.

Analysis: The document in question was an unregistered sale deed that was also not duly stamped. Under Section 35 of the Indian Stamp Act, an instrument not duly stamped cannot be admitted in evidence for any purpose unless duly stamped in the manner permitted by law. Section 17 of the Registration Act makes registration compulsory for such non-testamentary instruments affecting immovable property. Since the document was intended to convey title and was both unstamped and unregistered, the defect was not curable in the manner sought by the revision petitioner. The authorities relied on by the revision petitioner were held inapplicable, while the decisions supporting the bar under the Stamp Act were treated as applicable.

Conclusion: The request to impound the sale deed for payment of stamp duty and penalty and thereafter mark it in evidence was rejected.

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