Registration Act, 1908–Sec. 17–Rajasthan Stamp Act, 1998–Schedule–
Clause 42–Photo copy of memorandum of partition was sought to be produced and admitted in evidence–Rejection of application–Appreciation of–Suit for permanent injunction–Petitioner-defendant sought to establish with the help of document that the contentious land on which his construction was being raised, had came to his share–Ownership right was sought to be established–It cannot be termed as a collateral purpose–In absence of registration and payment of appropriate stamp duty, it was not admissible in evidence–
Further, when the original document itself was not admissible in evidence, no question is there of it’s photocopy to be admissible as secondary evidence–Application u/s. 65 of Evidence Act was rightly rejected.
