Anil Kumar Purohit v. Ashok Kumar Purohit

---Defendant No.2-Petitioner Versus Ashok Kumar Purohit S/o Sh. Radha Kishan Purohit Ji, Aged About 66 Years, R/o House No. 3/102, Jawahar Nagar, Jaipur, Presently Residing At House No. B-36, Anita Colony, Bajaj Nagar Jaipur (Raj.) (As Per Title Of Plaint) …..Plaintiff-Respondent Radha Kishan (Radha Krishan) Purohit S/o Late Sh. Bhura Mal Ji Purohit, Aged About 84 Years, R/o 3/102, Jawahar Nagar, Jaipur, Presently Residing At B-36, Anita Colony, Bajaj Nagar Jaipur (Deceased)- Represented By Smt. Shanti Devi Purohit W/o Late Sh. Radha Kishan Purohit, R/o 3/102, Jawahar Nagar, Jaipur, Presently Residing At B-36, Anita Colony, Bajaj Nagar Jaipur. Smt. Asha Purohit W/o Sh. Satya Narayan Purohit D/o Late Sh. Radha Kishan Purohit, R/o 10/897, Malviya Nagar, Jaipur. Smt. Aruna Pareek W/o Sh. Ashok Pareek D/o Sh. Radha Kishan Purohit, R/o F-12, Vinay Path, Todarmal Marg, Banipark, Jaipur ---Defendants-Respondents For Petitioner(s) : Mr. Lakshya Kumar Sharma For Respondent(s) : Mr. Kapil Gupta Mr. K.D.Mathur, Mr. Vipul Ojha for Mr. Prateek Kedawat HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 23/02/2026

With the consent of both parties, the present writ petition is disposed of in the following terms: (i) The orders dated 05.12.2024 and 18.01.2025 are hereby set aside. (ii) The learned Trial Court is directed, in the first instance, to determine the sufficiency of the stamp [2026:RJ-JP:8367] (2 of 2) [CW-3285/2025] duty payable on the disputed agreement, having due regard to the nature and character of the document. (iii) If the learned Trial Court finds that the document is duly and sufficiently stamped, it shall pass an appropriate order in accordance with law. (iv) However, if the learned Trial Court finds that the document is not duly or sufficiently stamped, it shall impound the same and transmit it to the competent authority under the Rajasthan Stamp Act, 1998, for proper adjudication and payment of the requisite stamp duty. (v) Thereafter, upon recording its finding regarding the sufficiency of the stamp duty, or after impounding and compliance as aforesaid, the learned Trial Court shall proceed to consider and decide the issue as to whether the document is compulsorily registrable, and shall pass a reasoned and appropriate order in accordance with law. (vi) It is made clear that the determination of stamp duty shall be strictly based on the nature, contents, and recitals of the document in question.

Pending application(s), if any, also stands disposed of. Sudha/62 (BIPIN GUPTA),J