Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6854/2019 Nabbu Khan S/o Bhullu Khan, Aged About 47 Years, R/o Daudpur, Tehsil And District Alwar (Raj.) ----Petitioner Versus Smt. Kabuli Devi W/o Shri Ramniwas, R/o Village Ladpur, Tehsil Bansur, District Alwar (Raj.) Through Power Of Attorney Rajendra Yadav S/o Shri Amar Singh Yadav, R/o Yadav Builders, Tuleda Road, Alwar (Raj.) ----Respondent For Petitioner(s) : Mr. Zakir Hussain with Mr. Zaid Khan For Respondent(s) : Mr. Ajay Goyal HON'BLE MR. JUSTICE AVNEESH JHINGAN
Order 15/01/2025
1. This petition is filed seeking quashing of order dated 21.02.2019 passed by the Rent Tribunal, Alwar.
2. The brief facts are that the respondent filed an eviction petition against the petitioner. In the reply filed, petitioner claimed to be owner of the property-in-question. During pendency of the eviction petition, the petitioner filed an application for exhibiting agreement to sell between petitioner and his seller and photo copy of agreement to sell between seller of the petitioner and earlier seller. The respondent raised an objection that photo-copy of agreement to sell cannot be permitted to exhibit and the agreement to sell between petitioner and his seller is un-stamped and unregistered.
[2025:RJ-JP:2008] (2 of 2) [CW-6854/2019]
3.
Learned counsel for the petitioner on specific instructions from his client is limiting the prayer that exhibiting of agreement to sell between seller to the petitioner and earlier seller is not being pressed. The original copy of agreement between petitioner and his seller be permitted to be exhibited subject to it being compounded and sending to the Registrar concerned for payment of due stamp duty.
4.
Learned counsel for the respondent has no serious objection to the limited prayer. Submission is that liberty be granted to raise issue of evidentiary value of unregistered agreement to sell being exhibited.
5. In view of above, the writ petition is allowed and the impugned order is set aside. The original copy of agreement to sell between seller to the petitioner and petitioner is ordered to be taken on record subject to being compounded and sent to the Registrar for payment of due duty. The respondent shall be at liberty to raise all available legal issues at appropriate stage including evidentiary value of the unregistered agreement.
(AVNEESH JHINGAN),J Simple Kumawat /66