The trial Court has lost sight of the fact that Section 49 permits a party to rely on even an unregistered document, as long as no right is sought to be
10. The trial Court has lost sight of the fact that Section 49 permits a party to rely on even an unregistered document, as long as no right is sought to be established under the said document. Here, the specific case on which the application came to be filed was that the petitioner wanted to establish the commencement of possession being with the revision petitioner and incidentally the factum of possession being with the revision petitioner. It is certainly for a collateral purpose as held by the Hon’ble Supreme Court as well as this Court. However at the same time, the document being unstamped, if at all the petitioner intends to rely on the same, he has to be prepared to pay necessary deficit stamp duty along
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with penalty as applicable and subject to the same, the document shall be received and shall be looked into by the trial Court only for ascertaining the factum of the date on which, the possession came to be with the revision petitioner and not for any other purpose.