- (1.) This writ petition is directed against order dated 19.7.13 passed by the Rent Tribunal, Sri Ganganagar, whereby an application preferred by the petitioner for impounding a document for insufficiency of stamp and questioning the admissibility thereof in evidence, stands rejected.
(2.) The application has been rejected by the Rent Tribunal observing that the objection raised by the petitioner regarding admissibility of the document has already been decided while recording the evidence of the witness-Amardeep Singh (AW1). As a matter of fact, during the examination of the witness, the decision on objection raised by the petitioner questioning the admissibility of the document and praying for impounding thereof was deferred by the Rent Tribunal, observing that it is a legal question which may be determined at the time of final hearing in the matter.
(3.) Learned counsel appearing for the petitioner contended GURPREET SINGH @ DIMPLE VS. THE RENT TRIBUNAL, SRI GANGANAGAR & ORS. that question regarding the admissibility of the document in evidence has to be decided by the court as and when it is raised and therefore, its decision could not have been deferred by the Rent Tribunal. Learned counsel would submit that if a document is not sufficiently stamped, it is duty of the court to impound the document and refer the same to the Collector for determination of stamp duty together with the penalty payable. Learned counsel submitted that by virtue of provisions of Section 39 of the Rajasthan Stamp Act, 1998 ( for short "the Act"), the document chargeable to duty under the Act cannot be admitted in evidence for any purpose and thus, the order impugned passed by the Rent Tribunal, igrnoing the mandatory provisions of the Act, is not sustainable in the eyes of law.;