2018 (2) TMI 2034

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....sion petition has been filed by the revision petitioner / 1st defendant as against the order dismissing the petition filed under Section 151 of C.P.C. to impound the unregistered document viz., sale agreement said to have been entered between the 1^st respondent / plaintiff and the revision petitioner / 1st defendant, dated 24.05.2014 and to send the same to the Deputy Collector (stamp Duty), Tiru....

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....petition. 3. The learned counsel for the revision petitioner / 1st defendant would submit that since the document which sought to be marked is not sufficiently stamped, as per Section 35 of the Indian Stamp Act, the instruments not duly stamped inadmissible in evidence and hence, unless and until stamp duty with penalty is paid, the said document could not be marked. He would further submit tha....

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....mark the unregistered sale agreement, dated 24.05.2014, the revision petitioner / 1^st defendant has filed the said interlocutory application for impounding the document and for sending the same to the Deputy Collector (Stamp Duty), Tiruchirapalli. As per Article 5(j) of the Schedule I of the Indian Stamp Act, the stamp duty for the sale agreement is Rs. 20/-. It is seen that the unregistered sale....

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.... of 1882) to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument." 7. From the above provision, it is clear that an unregistered document may be received as an evidence to the contract in a suit fo....