Supreme Court of India · 2013-10-07
OMPRAKASH vs LAXMINARAYAN .
- Citation / case number
- SC 2008/18730
- Court
- Supreme Court of India
- Petitioner
- OMPRAKASH
- Respondent
- LAXMINARAYAN .
- Author
- CHANDRAMAULI KR. PRASAD
- Bench
- KURIAN JOSEPH CHANDRAMAULI KR. PRASAD
Judgment text excerpt
The Supreme Court ruled that an agreement to sell, which includes a recital of possession being handed over, must be stamped as a conveyance under the Indian Stamp Act, 1899, specifically referring to Section 35. The Court held that the trial court's decision to deem the agreement inadmissible due to insufficient stamping was correct, emphasizing that proper stamp duty must be paid for the document to be admissible in evidence. Consequently, the appeal was dismissed, affirming the lower court's ruling.