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2026 DAILYLAW 4813 (RAJ)

PAWAN KUMAR SARAOGI S/O SHRI RAJMAL JI v. HARISH KUMAR GURBANI S/O SHRI CHANDRA KUMAR GURBANI

CW/18074/2024 · 2026-04-16

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:16016] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18074/2024 Pawan Kumar Saraogi S/o Shri Rajmal Ji, R/o Beawar Proprietor Business Mohit Copy Agency, Property No. 5/524, New Number 2/2 Saraogi Mandir Marg, House No. 16 Saraogi Mohalla Beawar District Ajmer (Raj.) ----Petitioner/Non Applicant Versus Harish Kumar Gurbani S/o Shri Chandra Kumar Gurbani, R/o 7, Akshay Nagar, Ganeshpura Road, Beawar, District Ajmer. At Present R/o Krishan Park, Near Popat Par Rail Nagar, Rajkot, Gujarat. ----Respondent/Applicant For Petitioner(s) : Mr. Jai Prakash Gupta Mr. Aditya Sharma For Respondent(s) : Mr. Saurabh Bhandari HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/04/2026 1. The present writ petition has been filed assailing the order dated 18.09.2024, passed by learned Rent Tribunal, Beawar, District Ajmer, in Original Application No.10/2022, whereby the application filed by the petitioner under Section 21(3) of the Rajasthan Rent Control Act, 2001 read with Section 107 of Transfer of Property Act, 1882 has been dismissed. 2. Learned counsel for the petitioner submits that the document in question is an unregistered document, having been executed for a period exceeding eleven months; therefore, the same could not have been read in evidence or permitted to be admitted in evidence, as Section 49 of the Registration Act, 1908 bars such admissibility. [2026:RJ-JP:16016] (2 of 2) [CW-18074/2024] 3. Per contra, learned counsel for the respondent submits that the learned Trial Court has not committed any illegality in passing the impugned order. However, he could not refute the fact that the unregistered lease deed can be read for collateral purpose strictly in accordance with the provisions of Section 49 of the Registration Act, 1908. 4. Heard. 5. This Court finds that Section 49 of the Registration Act, 1908 itself provides that a document, which is required to be compulsorily registered, may nevertheless be received in evidence for a collateral transaction not required to be effected by a registered instrument. 6. Therefore, in view of the above, this Court finds no error so as to call for any interference under Article 227 of the Constitution of India. Accordingly, the present writ petition stands dismissed. 7. However, it is made clear that the said document shall be considered in evidence strictly in accordance with the provisions of Section 49 of the Registration Act, 1908. 8. Pending application(s), if any, stands disposed of. (BIPIN GUPTA),J MAHIMA/74