1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.950 of 2008 In Summary Suit No.836 of 1999 Mrs.Eena Shyamlal Teckchandani ... Plaintiff v/s. Mrs.Imla R. Gupta & ors. ... Defendants And Rajendra P. Gupta ... Applicant/ Intervenor Ms.Sapna Rachure i/by T.M. Tripathi for Plaintiff. Mr.S.H . Mishra for Applicant. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 20 th October, 2008 P.C. : 1. The Suit is decreed. Decree has been sought to be executed. Attachment is levied on the residential premises of the Defendants. An Appeal was filed. The Appeal has been dismissed. A Review Petition is filed. The Review Petition has not came up for hearing. No stay of the decree is obtained. The only Stay Application is seen in this Chamber Summons itself. The cause shown for raising the attachment or staying the execution is that the Applicant and not the Defendants is the owner of the attached premises which is his residential premises. 2 2. The Applicant has relied upon a xerox copy of the Agreement for sale dated 24 th July 1991 showing the Agreement executed on a Stamp Paper of Rs.10/- . Since the Agreement is not registered or sufficiently stamped, it cannot be relied upon by the Applicant to claim any relief therein. The Applicant tenders another xerox copy of a Receipt issued by the Registrar on 17.10.1996. The original Receipt is also not produced. Xerox copy is a certified true copy produced by the Applicant. The copy of the Agreement does not show that it was lodged for registration. There is no stamp of the Registrar's office on any page. Hence, the xerox copy of a registration Receipt though in the name of the Applicant and Defendant No.2 is not seen to be in respect of the Agreement for sale dated 24.7.1991, copy of which is produced before the Court. 3. The Applicant has produced a Demand Notice from the Collector's office for payment of stamp duty which is seen to be payable but not paid. This itself shows that the Agreement is not registered until the date of the notice. The Agreement could never have been registered unless sufficient stamp duty is paid. 4. In any event, this Agreement is seen to be entered into by the Applicant as also Defendant No.2. Decree is passed, inter 3 alia, also against Defendant No.2. The property of Defendant No.2 can be attached in execution of the decree. The Applicant is the father of Defendant No.2. He is also the father of Defendants 3 and 4 and the husband of Defendant No.1. No case for raising attachment is made out. 5. The Chamber Summons is dismissed. Execution shall proceed. [SMT.ROSHAN DALVI, J.]