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J. Manigandan (Advocate)     10 December 2009

marking of unregistered rental agreement

It is well settled position that the T.P. Act, or Stamp act or Registration Act or Evidence Act do not squarely applicable to  Rent Control Proceedings.  The marking of unregistered Rental agreement in Trial is only for the purpose of evidencing the terms of tenancy.  When the Tenant is not disputing my title then, the question of want of registration will not arise.  can anybody clarify my opinion is correct or not, please also give me a citation to that effect



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Deekshitulu.V.S.R (B.Sc, B.L)     12 December 2009

MR  Mani

I think you are wrong as to the applicability of the stamp Act and Registration Act. in Rent control proceedings. When the document sought to be relied upon and marked as an exhibit, the same has to be duly stamped and unles registered, it cannot be admitted. But if the document is duly stamped but not registered, then the same can be received in evidence for collateral purpose of proving nature of possession.  Applicability of T.P.Act is altogether a different issue. But Evidence Act, is always there for all laws.

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