suit for specific performance of contract

This query is : Resolved 

11 August 2010

If the written agreement, which is basis of such suit is not duly stamped or is unstamped and /oris unregistered than what options are open for the party and the court ? wherther such document is admissible in evidence for collateral purpose?

Y V Vishweshwar Rao (Expert)
11 August 2010

- Suit for Specific performance - Agreement not properly stamped - it can be impound- Stamp Duty & Penalties if any can be paid - Un-Registered Agreement can be relied in suit for specific performance of Sale Agreement.

Rajeev kulshreshtha (Expert)
11 August 2010

An unstamped agreement can be impounded by the permission of court. But if the the document is marked exhibit and admitted in evidence,such admission cannot be called upon in further suit or proceeding. See the view of Hon'le Rajasthan High Court in case of Bherunath Vs. Rajender & ors. cited in 2009(1)DNJ 316 (Raj.)

niranjan (Expert)
11 August 2010

U/s 49 of the Reg.Act,the suit for specific performance is maintainable on agreement.However if the sale agreement is with possession and not regd.,the suit cannot lie.

s.subramanian (Expert)
17 August 2010

I endorse the views of Rao and Rajeev.

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