OMPRAKASH versus LAXMINARAYAN & ORS.

OMPRAKASH versus LAXMINARAYAN & ORS.

An agreement to sell immovable property which recites delivery of possession constitutes a conveyance within the meaning of Section 2(10) of the Indian Stamp Act, 1899, and must be duly stamped; without such stamping it is inadmissible in evidence, irrespective of the adversary's plea regarding possession.

Parties
Appellant: Om Prakash; Respondents: Laxminarayan & Ors.
Jurisdiction
India
Judgment Date
07 October 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Stamp Duty, Admissibility of Documents, Conveyance Definition, Agreement to Sell, Specific Performance
Property Law Evidence Law Stamp Duty Admissibility of Documents Conveyance Definition Agreement to Sell Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Om Prakash

Appellant

Laxminarayan & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether admissibility of a document depends on its recital or the adversary's plea in the suit
  2. 2 Whether the agreement to sell in question is a 'conveyance' as defined under the Indian Stamp Act, 1899, and was duly stamped

Ratio Decidendi

An agreement to sell immovable property which recites delivery of possession constitutes a conveyance within the meaning of Section 2(10) of the Indian Stamp Act, 1899, and must be duly stamped; without such stamping it is inadmissible in evidence, irrespective of the adversary's plea regarding possession.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court set aside
  • Order of the trial court restored