Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 8.1.2016 passed by the trial court, whereby the application filed by the respondents challenging the admissibility of the agreement to sale dated 15.3.1999 has been accepted by the trial court.
(2.) The petitioners filed a suit for specific performance of contract dated 15.3.1999. During the recording of evidence of plaintiff - Smt. Saroj, an application was filed by the respondents, inter-alia, contending that the agreement to sale dated 15.3.1999 was compulsorily registrable and as the same has not been got registered, the same is inadmissible in evidence and therefore, cannot be marked as exhibit.
(3.) A response was filed by the petitioners-plaintiffs, inter-alia, indicating that the plaintiffs are in possession of the land in question, the suit has been filed under the provisions of Specific Relief Act, 1963 ('the SR Act') and the Hon'ble Supreme Court and High Court have held that document can be sent to the Sub-Registrar for registration and determination of deficient stamp duty and therefore, the application is liable to be rejected.;