S.K.MAL LODHA, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India for quashing the order (Annexure 4) of the learned Civil Judge, Pratabgarh dated April 6, 1973, passed in Civil Original Suit No. 84 of 1968 in which he held the document dated July 30, 1968 alleged to have been executed by non -petitioner No. 2 in favour of the petitioner as a 'conveyance' chargeable to stamp duty and penalty and for declaring that the document (Annexure 1) dated July 30, 1968, oh which the petitioner had instituted the suit for specific performance, is an agreement to sell and not a complete sale deed.
(2.) THE petitioner, who is a plaintiff, instituted a suit for specific performance on the basis of document Annexure 1 dated July 30, 1968, alleged to have been executed by the defendant. The defendant raised an objection that since it is a saler -deed, it requires registration and proper stamp. The learned Civil Judge framed issue No. 1 which reads as under: Whether the aferesaid agreement requires registration and proper stamp. The learned Civil Judge, by his order dated April 6, 1973, held that the document is a complete sale -deed and since it has not been registered, it cannot be read in evidence. He, however, did not record any finding as to what would be effect of the proviso to Section 49 of the Registration Act on the admissibility of this document. He, however, held that the document, being a sale deed is a 'conveyance' chargeable to stamp duty and penalty as such.
(3.) AGAINST this order, the petitioner has filed the present writ petition as aforesaid.;