Omprakash vs Laxminarayan & Ors

The Supreme Court held that an agreement to sell, which includes a recital of possession being handed over, must be properly stamped under Section 35 of the Indian Stamp Act, 1899. The Court found that the trial court's refusal to admit the agreement due to insufficient stamp duty was erroneous, as the plaintiffs' claim for possession indicated they were not in possession, thus the recital was irrelevant. The High Court's decision to admit the agreement was upheld, allowing the plaintiffs to proceed with their suit for specific performance and possession.