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2018 (2) TMI 2034 - HC - Indian LawsSuit for recovery of money - unregistered sale agreement - properly stamped or not - admissibility as evidence to the contract in a suit for specific performance - HELD THAT:- Admittedly, the suit is filed only for recovery of money paid under unregistered sale agreement. In order to mark the unregistered sale agreement, dated 24.05.2014, the revision petitioner / 1st defendant has filed the said interlocutory application for impounding the document and for sending the same to the Deputy Collector (Stamp Duty), Tiruchirapalli. As per Article 5(j) of the Schedule I of the Indian Stamp Act, the stamp duty for the sale agreement is ₹ 20/-. It is seen that the unregistered sale agreement, dated 24.05.2014, has been written on ₹ 20/- stamp paper. Hence, the said document can be taken as sufficiently stamped. Hence, it is clear that an unregistered document may be received as an evidence to the contract in a suit for specific performance or as the evidence of any collateral transaction not required to be effected by registered instrument. Therefore, an unregistered sale deed of an immovable property of the value of ₹ 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral transaction not required to be effected by registered document. When an unregistered sale deed is tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received as evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the provision of Section 49 of the Registration Act. Petition dismissed.
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