Rajasthan High Court - Jodhpur
Faras Ram vs Ishwar Singh on 6 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6552/2021
Faras Ram S/o Shri Kewal Das, Aged About 70 Years, By Caste
Sant, R/o Daspan Bypass Road, Talbi Road, Tehsil Bhinmal,
District Jalore, Rajasthan.
----Petitioner
Versus
1. Ishwar Singh S/o Shri Bagh Singh, Resident Of Tehsil
Bhinmal, District Jalore, Rajasthan.
2. Naresh Kumar S/o Shri Babu Lal Ji, Resident Of Tehsil
Bhinmal, District Jalore, Rajasthan.
3. Sardar Ram S/o Shri Samartha Ram, Resident Of Tehsil
Bhinmal, District Jalore, Rajasthan.
4. Lrs Of Mohan Das, S/o Shri Durga Ram
4/1 Kamla Devi W/o Shri Mohan Das, Resident Of Mudtarasili,
Tehsil Jaswantpura, At Present Address New Bus Stand
Road, Opposite Panchayat Samiti, Tehsil Jalore, District
Jalore, Rajasthan.
4/2 Devendra Das S/o Shri Mohan Das, Resident Of
Mudtarasili, Tehsil Jaswantpura, At Present Address New
Bus Stand Road, Opposite Panchayat Samiti, Tehsil Jalore,
District Jalore, Rajasthan.
4/3 Rekha D/o Shri Mohan Das, Resident Of Mudtarasili, Tehsil
Jaswantpura, At Present Address New Bus Stand Road,
Opposite Panchayat Samiti, Tehsil Jalore, District Jalore,
Rajasthan.
4/4 Gudiya D/o Shri Mohan Das, Resident Of Mudtarasili,
Tehsil Jaswantpura, At Present Address New Bus Stand
Road, Opposite Panchayat Samiti, Tehsil Jalore, District
Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Joga Ram Patel
Mr. Manish Patel
For Respondent(s) : Mr. Girish Sankhla
HON'BLE MR. JUSTICE VIJAY BISHNOI
(2 of 3) [CW-6552/2021]
Order
06/07/2021
Learned counsel for the petitioner has submitted that the
trial court vide order dated 06.03.2021 has wrongly refused to
accept agreement to sale dated 25.11.1986 in evidence on the
ground that the same is neither registered nor properly stamped.
It is argued that as the registration of an agreement to sale to
immovable property, wherein possession has been handed over is
made compulsory in the State of Rajasthan vide Rajasthan
Amendment Act No.18 of 1989, the agreement executed in the
year 1986 is not required to be registered for the purpose of
tendering in evidence.
Learned counsel for the petitioner has relied upon a
judgment of this Court rendered in Smt. Devi vs. Bhanwari Lal
reported in RLW 1998 (1) Raj. 440 and argued that as per the
findings given in the said judgment, agreement to sale of
immovable property, wherein possession has been handed over is
not required to be registered prior to 18.09.1989, the date when
the Rajasthan Amendment in the Registration Act came into force.
Per contra, learned counsel for the respondents Mr. Girish
Sankhla appearing on behalf of all the respondents has supported
the order of trial court and argued that for the purpose of
tendering in evidence, the agreement to sale, in which the recital
of handing over possession is there, the agreement is required to
be registered and as such the trial court has not committed any
illegality in refusing to accept the said agreement in evidence in
the absence of its registration. Learned counsel for the
respondents has placed reliance on the decision of Hon'ble
Supreme Court rendered in M/s. K.B. Saha and Sons Pvt. Ltd
(3 of 3) [CW-6552/2021]
vs. M/s. Development Consultant Ltd reported in AIR 2008
SC (Supp) 850 and decisions of this Court rendered in Swaroop
Singh vs. Subhash Singh reported in 2018 (1) WLC (Raj.) UC
618 and in the case of Bakkhu Ram vs. Shyam Lal reported in
2019 (2) WLC (Raj.) UC 616.
The matter requires consideration.
Admit. No need to issue notices as parties have already been
represented through their counsels.
Meanwhile, further proceedings in connection with Suit
No.82/2017 pending in the Court of Civil Court, Bhinmal (Jalore)
shall remain stayed till further orders.
(VIJAY BISHNOI),J
34-Taruna/-
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