- (1.) Challenge in this writ petition is to the order dated 3rd February, 2011 whereby the learned Additional District Judge, Kekri, Ajmer allowed the application of the respondent-defendant filed under Order 13 Rule 3 CPC read with Section 39 of Rajasthan Stamp Act and Section 17 of the Registration Act and declared the agreement to sell dated 28th January, 2009 in question, to be inadmissible in evidence.
(2.) Adumbrated in brief, the case of the petitioner is that he filed a suit for specific performance of contract and permanent injunction against the respondent-defendant in the Court of Additional District Judge, Kekri, Ajmer. It has been averred that the plaintiff purchased one plot No.22, admeasuring 20 X 42 Sq. Ft., situated in Yash Colony, Dorai Mohallah, Kekri, from the respondent-defendant for a total sale consideration of Rs.90,000/- and the defendant executed an agreement to sale dated 28th January, 2009 in his favour. During evidence, the respondent-defendant filed an application under Order 13 Rule 3 CPC stating that the document i.e. agreement to sale in question, was unregistered and not duly stamped, hence, the same was not admissible in evidence and the petitioner-plaintiff should not be allowed to exhibit the same. The learned trial Court declared the said document to be inadmissible in evidence as the same was unregistered and was not duly stamped. The petitioner has impugned the said order in the instant writ petition.
(3.) A very short question which springs up for consideration in the instant writ petition is "as to whether unregistered agreement to sell is admissible in evidence in a suit for specific performance of contract -;