...to sell dated 11th December, 2009 which was unregistered and insufficiently stamped, hence, the document viz. agreement to sell was not admissible in evidence. This issue is not required ...the issues proposed by the learned counsel for the petitioner-defendant are covered by the issues framed by the Court. So far as proposed issue No. 9 is concerned, it is with regard to the agreement...Challenge in this writ petition is to the order dated 2nd August, 2011 whereby the Additional District Judge (Fast Track) No. 5, Jaipur City, Jaipur dismissed the application of the...

...Agreement to Sell dated 21.3.2002 with respect to the second and third floor of the property bearing No. B-123, Swasthiya Vihar, Delhi, as per the Agreement to Sell.2. The p...Section 53A of the Transfer of Property Act, 1882 and under which Agreement to Sell possession was delivered, therefore, the said document w...conveyance/sale deed but only on 90% of the value thereof. It was the contention of the petitioner that the Agreement to Sell could not be considered as an evidence for passing of the Award under ...

...reviewed its own order dated 10.12.2007 and observed that the unregistered and insufficiently stamped document i.e agreement to sell was not admissible in evidence.2. Heard...application came to be filed by the defendant that the document i.e agreement to sell Ex. 1, was insufficiently stamped and as such it was not admissible in evidence under the provisions of law. T...was subjected to cross-examination, the respondent No. 2 filed an application under Section 151 of CPC imploring the Court to hold that the document i.e agreement to sell (Ex. 1) was not admissible in evid...

...S.P BANGARH, J.Petitioner filed suit No. 229 of 1.7.2013 for specific performance of contract (agreement to sell) dated 7.1.2006 against the respondents, herein. During the pendency of the suit, an...the suit property was, allegedly, delivered to the petitioner, at the time of its execution. It was further averred in the application that in the case of agreement to sell being coupled with...the adequate and sufficient stamp duty, that was payable on the disputed agreement to sell. Therefore, the impugned order has to be set aside on this short ground, with direction to the trial Court ...

...agreement to sell. The petitioner filed his written statement and raised a preliminary objection with regard to the admissibility of the agreement to sell dated 11/11/2011 by alleging tha....4. Challenging the order passed by the court below, it is submitted by the counsel for the petitioner that after the amendment in the Stamp Act, 1% stamp duty is payable on the agreement to sell and since...of marking of the document as exhibit, it was the duty of the Court to consider that whether the agreement to sell was admissible in law or not. The submission made by the counsel for the petitioner cannot be accep...

...that the agreement to sell is insufficiently stamped and has consequently referred the document to the District Registrar to determine the stamp duty prevailing in the year 1990. The said...in catena of judgment has held that if insufficiently stamped document is tendered in evidence, the Court has to impound document and also impose penalty. 4. Be...specific performance based on agreement dated 28.02.1990. The - 3 - amendment to Karnataka Stamp Act was...

...aforesaid copy of the Agreement to Sell dated 4th April, 2011, on three grounds, viz., that (i) the original copy of the Agreement to Sell dated 4th April, 2011 had not been furnished, and a photo...petitioner, restricts his relief, on instructions, to the prayer for setting aside the impugned award qua the rejection of the petitioners objection to the Agreement to Sell dated 4th April, 2011 being ...question, the admission of the Agreement to Sell dated 4th April, 2011, on the ground that it was insufficiently stamped. That apart, the learned Arbitral Tribunal has correctly noted that the petitioner...

...injunction to the extent that during pendency of trial, the plaintiff shall not be dispossessed of the suit property without following the due process of law. Appellate Court found that the agreement to sell execut...prayer for temporary injunction was considered and rejected primarily on the basis that the agreement to sell dated 20.02.2003 categorically stipulates handing over of possession of the suit property...executing to sell in respect of property where possession was handed over. Thus, the appellate Court found that the agreement to sell was inadmissible in law and therefore disbelieving the stipulation...

...due process of law. Appellate Writ Petition No.4733/2015 Court found that the agreement to sell executed on 20.02.2003 was insufficiently stamped. Only Rs.100/- was paid as stamp duty whereas by the...decree of permanent injunction was sought. 3. The prayer for temporary injunction was considered and rejected primarily on the basis that the agreement to sell dated 20.02.2003...found that the agreement to sell was inadmissible in law and therefore disbelieving the stipulation contained therein to the extent of handing over of possession to the plaintiff by the defendant...

...an agreement to sell, on the ground that the document was unregistered and insufficiently stamped. The objection has been upheld by the trial court by its order dated 31-10-2000 holding that the...registration of agreements to sell, in the State of Rajasthan, came into force in the year 1989. The other plea raised is that an insufficiently stamped document can very well be impounded under the...Kishore, defendant in the suit, resisted the claim of the plaintiff and pleaded that the plaintiff Ram Sahay had entered into an agreement with the defendant, to sell Shop No. 141 situate at Bazar Katla for...

...petition record.6. The trial court having found that the suit document/agreement to sell dated 29.03.2003, as insufficiently stamped, in exercise of power under Section 33 of the Act...duty and penalty payable at a sum of Rs. 52,800/- on the alleged insufficiently stamped instrument and thereafter, making reference to the Deputy Commissioner for determination. Learned Advocate...ORDERPetitioner instituted O.S No. 44/2004 against respondent No. 1 in the Court of Civil Judge (Jr.Dn), Yelburga, to pass a decree for specific performance of an agreement...

...the petitioner questioning the admissibility of unregistered and insufficiently stamped agreement to sell in evidence, stands rejected.2. The relevant facts are that the respondent filed...the pendency of the suit, the petitioner filed an application questioning the admissibility of agreement to sell dated 23.7.02, sought to be produced by the plaintiff in evidence, on the ground that being unregiste..., opined that a suit for specific performance of the contract of sale, by virtue of proviso to Section 17 the Registration Act, 1908 (for short “the Act of 1908”), unregistered agreement to sell is admissible in ev...

...instance. In substance, the dispute is with regard to the requirement of the plaintiff to pay deficient stamp duty as the agreement to sell was insufficiently stamped. The ...respondents submits that the agreement to sell is required to be stamped as per the amendment in the 1899 Act. The separate receipts for making additional payment, would not attract the stamp duty on the...scribed on a stamp paper worth Rs.100/-. The total sale consideration was Rs.40,00,000/-, out of which Rs.20,00,000/- were paid as an earnest money. It is recorded in the agreement to sell that the...

...of the document i.e. agreement to sell dated August 30, 2010 (Ex.P-1) being insufficiently stamped has been declined. 2. While assailing the impugned order dated..., it is a matter of evidence whether an agreement to sell dated August 30, 2010 is insufficiently stamped or that it is admissible or inadmissible evidence. 5. Without expressing any...Present: Mr. Sham Lal Bhalla, Advocate, for the petitioners. JASPAL SINGH, J. CM No.1696-CII of 2017 Application is allowed as prayed for. Copy of agreement to sell dated...

...-2019 passed by 13 A.D.J., Gwalior in Civil Suit No. (106-A/2013) C.S. No. 21-A/2014 by which the objection filed by the petitioner regarding the execution of agreement to sell on an insufficiently stamped...of contract. When the Plaintiff tried to exhibit the agreement to sell in his evidence, then an objection was raised with regard to the admissibility of the document on the ground that it is ...altered from that of tenant to that of transferee under contract, therefore, this Court is of the considered opinion, that the agreement to sell would be a conveyance and hence, it was insufficiently ...

...of Attorney Holder of defendant nos. 1 to 7 and, plaintiff and defendant no. 8 are in collusion. According to him, the agreement to sell is insufficiently stamped. He has also contended t...agreement to sell being on insufficiently stamped, it cannot be exhibited in evidence and earlier the trial Court has twice rejected the prayer of the plaintiff for exhibiting the same and against that...advocate for the petitioner, the document in question i.e. agreement to sell has been got exhibited by the plaintiff and defendant no. 8 in collusion. According to him, the petitioner herein has...

...the specific opinion of this Court, the said conclusion of the Court below cannot be affirmed as firstly, admittedly, the agreement to sell in question pertains to the year 2010 and the suit has been ... 3. Per contra, learned counsel for the respondent submitted that the agreement to sell dated 18.01.2010 had a specific stipulation regarding the possession of...without arriving at any finding regarding possession of the property proceeded on as if agreement to sell dated 18.01.2010 was proved on record and hence, the factum of possession of the plaintiff was...

...partition of the land, the co-sharer Indra Kumar had no right to enter into agreement to sell of the specified portion of the land jointly held by three brothers. As a matter of fact, the unregistered and ...preferred an appeal before the RAA, taking the stand that vide agreement to sell dated 11.8.03, out of the aforesaid 25 bighas land, the land comprising patthar no. 60/252 kila no. 1 to 3 and 6 to 10...seriously erred in holding that unregistered agreement to sell dated 11.8.03, cannot be made basis for accepting the claim of the petitioners herein inasmuch as, on the basis of the unregistered agreement...

...the defendant appellant submitted that while deciding Issue No. 1, the trial court has committed error in relying upon agreement to sell dated 16th November, 2006 (Ex. 2) which is an unregistered and insufficiently...Mallikarjuna Reddy 2012 (1) Civil Court Cases 738 (AP). On other legal objections of the counsel for the defendant appellant, that the agreement to sell is insufficiently stamped,.../agreement to sell is admissible in evidence in a civil suit for specific performance on account of proviso to Section 49 of the Act of 1908. As regard the document is insufficiently stamped, it i...

...dismissing the suit on the ground that Ex.-1-the agreement to sell, could not be enforced being executed on insufficiently stamped paper. 15. Aggrieved, the present appeals...paid, instrument shall thereupon be admissible in evidence. 25. In the present case, the agreement to sell dated 29.03.1999 was found by the Trial Court to be ...inadmissibility of the agreement to sell dated 29.03.1999. The document, being insufficiently stamped, was rightfully barred from being admitted as evidence in the absence of the requisite stamp duty and p...