Sanjeev Prakash Sharma, J. - (1.) Moorti Mandir Baba Ramdev Virajman Rajendrapura, Hathi Bhata, Ajmer (plaintiff-petitioner) filed a suit for permanent injunction against the defendant-respondents before the learned trial court claiming that the property in dispute having been bestowed upon them by way of gift by one Smt. Laxmi Devi who also has written a document dated 31/03/1989 mentioning that she has already handed over the demised property to the adjacent temple of Baba Ramdev Ji two years back for which she has a document on Rs.5/- stamp paper so that it may be used in future. Affidavit of one Mr. Jeetmal, in support of the aforesaid averments, was filed and the said document written by Smt. Laxmi Devi was marked by the court below as Exhibit-1.
(2.) The defendant-respondent challenged the said action of the court below in marking the document dated 31/03/1989 as Exhibit-1 on the ground that it is neither registered nor properly stamped.
(3.) Accepting the said objection, the learned trial court has passed the order impugned dated 15/09/2009 cancelling the said document as an Exhibit on the ground that it is not registered in terms of Section 17 of the Indian Registration Act and was therefore, not admissible in evidence.;