Litmus Test To Find Out Whether a Document is Bond or Not: Kerala High Court

Justice R. Narayana Pisharadi of the Kerala High Court while hearing a suit filed for the realisation of money and certain other reliefs. The claim for money was based on the document allegedly executed by the first defendant in favour of the plaintiff, observed the instant matter asked the trial court to reconsider the question whether the suit document is a bond or an agreement.

Trial Court in its decision had found that the suit document was only an agreement and not a bond. Defendants had also raised an objection contending that the document was a mortgage deed and it should be compulsorily registrable.

When the said document was tendered in evidence, the defendants raised an objection to the marking of the document on the ground that it is a bond and it is an insufficiently stamped document. The High Court allowed the original petition and further stated that the trial court shall consider the question of whether the suit document is a bond or an agreement.

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