PANKAJ BHANDARI,J. - (1.) Petitioner has preferred this writ petition aggrieved by order dated 19.07.2008 vide which application filed by the defendant petitioner under Section 35 of the Indian Stamp Act read with Section 17 of the Indian Registration Act, 1908, was rejected and the court permitted exhibiting of Patta No. 3/30 issued during the State time in Samwat 2015 (1958) and sale deeds dated 22.01.1960 and 26.07.1963.
(2.) It is contended by counsel for the petitioner-defendant that the suit was filed for declaration and the relief was claimed therein that the plaintiff be declared as the owner of the property. It is contended that the sale deeds dated 22.01.1960 and 26.07.1963, were not registered and as per Section 47 of the Indian Registration Act, unregistered sale deed cannot be received as evidence.
(3.) It is contended by counsel for the petitioner-defendant that even for collateral purposes, the sale deed could not have been received as evidence, since the case of the plaintiff was for being declared as owner on the basis of these sale deeds. It is also contended by counsel for the petitioner that the sale-deeds were not on proper stamp and without impounding these documents, the court could not have proceeded to receive them in evidence as per Section 35 of the Indian Stamp Act.;