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High Court of Punjab and HaryanaCR/7904/2019dismissed

Ravinder Paul v. Tejinder Singh

2019-12-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-7904-2019 Decided on : 09.12.2019 Ravinder Paul ...... Petitioner

Versus

Tejinder Singh ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Madan Lal Saini, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.

Prayer in the instant revision petition is for setting aside the order dated 15.11.2019 (Annexure P-5) vide which the learned Civil Judge (Jr. Div.) Khanna dismissed the application filed by the petitioner for impounding the agreement to sell dated 28.07.2015. Learned counsel contends that the trial court erred in disallowing the impounding of document of Annexure P-1 under the provisions of the Indian Stamp Act by not treating the same to be an agreement to sell.

Heard and perused the impugned order passed by the court below.

In my considered opinion, there is no infirmity in the impugned order passed by the court below, which would warrant interference by this Court. The petitioner in support of his case is relying upon two documents Annexure P-1 (i.e. alleged agreement to sell dated 28.07.2015) and Annexure P-2 dated 06.11.2015 to show that they are agreements to sell. However, it is very apparent that none of these documents can be taken to SONIA BURA 2019.12.17 14:08 I attest to the accuracy and integrity of this document chandigarh

CR-7904-2019 -2be agreement to sell. Contents of Annexure P-1 shows it is simply a receipt of some advance payment and Annexure P-2 also shows the receipt of further amount from the defendant to the plaintiff. Hence, in the light of the aforementioned, both these documents cannot be considered to be an agreement to sell and therefore, cannot be impounded for the purpose of getting them stamped.

Consequently, the present petition stands dismissed. (MANJARI NEHRU KAUL) JUDGE 09.12.2019 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2019.12.17 14:08 I attest to the accuracy and integrity of this document chandigarh