Rajkumar Gupta vs Geeta Chauhan
2022 Latest Caselaw 7408 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 5096/2016

Rajkumar Gupta S/o Late Shri Gopi Kishan Gupta, aged 69
years, R/o 3A, Vallabhnagar Kota (Raj.)
                                                                  ----Petitioner
                                   Versus
Geeta Chauhan D/o Shri Jai Singh Chauhan, R/o 4-Chha-4,
Vigyan Nagar Extension Scheme, Kota (Raj.)
                                                                ----Respondent

For Petitioner(s) : Mr. Ravi Kumar Kasliwal, Adv. For Respondent(s) : Mr. Naseemuddin Quazi

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 17.11.2022

ORDER PRONOUNCED ON :: 22.11.2022

This Civil Writ Petition has been filed by the petitioner under

Articles 226 & 227 of the Constitution of India against the order

dated 09.02.2016 passed by Additional Sessions Judge No.5, Kota

on the application filed by the petitioner for impounding the lease

deed in Civil Suit No.44/2010.

Learned counsel for the petitioner submits that petitioner

had filed a suit against the respondent in which petitioner wanted

to exhibit the lease deed executed between the parties. Learned

counsel for the petitioner also submits that the said lease deed

was of 11 months, so, there is no need for registration of lease

deed. Learned counsel for the petitioner also submits that the said

lease deed can be exhibited in the evidence without registration.

Learned counsel for the petitioner also submits that trial court

(2 of 2) [CW-5096/2016]

wrongly sent the documents for impounding. So, order of the trial

court be set aside.

Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Apex Court in the case of Satish Kumar

Vs. Zarif Ahmed & Ors. in Civil Appeal No.383/1984 decided

on 20.02.1997.

Learned counsel for the respondent has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that as per the Registration Act, documents are to be

registered and if it is not of adequate stamp duty, so, it should be

sent for impounding. So, order of the trial court does not suffer

from any illegality or infirmity. So, petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondent.

It is an admitted position that the lease deed is of 11

months. So, objection regarding that said lease deed is not

properly stamped which is not tenable. In my considered opinion,

trial court wrongly sent the lease deed for impounding. So, order

of the trial court dated 09.02.2016 deserves to be set aside.

The Civil Writ Petition is allowed and the order of the trial

court dated 09.02.2016 is set aside. Trial court is directed to

exhibit documents in the evidence of petitioner/plaintiff.

Stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /87

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