1 SB Civil Writ Petition No.2524/2008 Gokul & Anr. vs. ADJ (FT) No.2, Bhilwara & Ors. S.B. Civil Writ Petition No.2524/2008 Gokul & Another. vs. Addl. District Judge (FT) NO.2, Bhilwara and ors. Date : 9.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Srimali, for the petitioners. Mr.JK Bhaiya, for the respondents. - - - - - Heard learned counsels for the parties. The petitioner submitted objection against the admissibility of the agreement of sale dated 29.4.1993 on the ground that in the agreement, there is clear mention of transfer of possession of the property and, therefore, the document should have been on proper stamps and should have been registered also. That application was rejected by the trial court vide second part of the order dated 10.1.2008 only on the ground that after execution 2 SB Civil Writ Petition No.2524/2008 Gokul & Anr. vs. ADJ (FT) No.2, Bhilwara & Ors. of agreement for sale dated 29.4.1993, the sale deed has been executed on proper stamps and has been registered, therefore, it is not necessary that for one transaction, one should pay twice the stamp duty and since the sale deed has been registered, therefore, the agreement dated 29.4.1993 is admissible in evidence. Learned counsel for the respondents relied upon the judgment of this Court delivered in the case of Smt. Tara Bai vs. The A.D.J. (F.T.) No.2, Udaipur & Anr. (SB Civil Writ Petition No.4573/2007) dated 1.7.2008. I considered the submissions of learned counsel for the parties. It is apparent from the order dated 10.1.2008 that the trial court failed to draw distinction between two separate documents – one agreement for sale and another registered sale deed. It may be true that the sale deed may have been executed in pursuance of the agreement for sale dated 29.4.1993 but even then when a stranger to the 3 SB Civil Writ Petition No.2524/2008 Gokul & Anr. vs. ADJ (FT) No.2, Bhilwara & Ors. transaction is raising objection about the entering into agreement by the parties by written agreement, the party setting up agreement is required to prove that fact. A vendor may be bound by sale in totality but when the third party is claiming his right to purchase property or is seeking cancellation of sale, then the relevant date may be entering into agreement for sale in pursuance of which, the sale deed has been executed. The sale deed is a document independent, requires stamp duty as per law and may also require its registration. The document if requires stamp duty and registration other than sale deed, then that document is also to be examined for the purpose of admitting the document in evidence independently. The registration of a document cannot be dispensed with because of subsequent registration of another document. In view of the above reason, the trial court should reconsider the entire matter in the light of the observations made above and record a specific finding whether the document agreement to sale dated 29.4.1993 is admissible in evidence or not for want of stamp duty and registration ; Or 4 SB Civil Writ Petition No.2524/2008 Gokul & Anr. vs. ADJ (FT) No.2, Bhilwara & Ors. for want of stamp duty ; Or for want of registration. In view of the above, this writ petition is allowed accordingly. (PRAKASH TATIA), J. S.Phophaliya