Whether unstamped agreement to sell executed in the year 1988 can be relied upon in suit for possession?
Whether unstamped agreement to sell executed in the year 1988 can be relied upon in suit for possession? Under what circumstances, photocopy of agreement to sell can be relied upon as secondary evidence? Shubham Budhiraja [1] A filed a suit for possession against B on basis of agreement to sell executed in the year 1989. During the hearing, A filed IA for reading photocopy of agreement to sell as secondary evidence because he is not able to find the original agreement to sell. The Trial Court allowed the IA but in review rejected that because agreement to sell was insufficiently stamped therefore bar of section 35 of stamp act applies. The High Court confirmed the order. The Hon’ble Supreme Court held that bar of Section 35 will not apply because amendment of 1990 wherein explanation was added to the stamp act was substantive in nature and therefore new obligation of stamping cannot be imposed on agreement of sell executed between A and B. [2] (i)