LAWS(SC)-2022-9-73

VIJAY KUMAR GOYAL (DEAD) Vs. NEENA RANI

Decided On September 16, 2022
Vijay Kumar Goyal (Dead) Appellant
V/S
Neena Rani Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision Petition No. CR-3172 of 2018 by which the High Court has dismissed the said revision application preferred by the appellant herein and has confirmed the order passed by the Trial Court directing the appellant - original plaintiff to pay the deficient stamp duty alongwith the penalty, the original plaintiff has preferred the present appeal.

(2.) That the appellant herein has instituted Civil Suit before the Trial Court for specific performance of the Memorandum of Agreement dtd. 24/2/1996 and the agreement to sell dtd. 14/5/2011 with regard to the suit land. In the said suit, the Trial Court passed an order directing the original plaintiff - appellant to pay the deficient stamp duty as leviable under Sub-column No. 2 of Column No. 2 of Entry No. 23 of Schedule 1-A by observing that as per Schedule 1-A, Entry No. 5 with respect to Memorandum of Agreement or agreement to sell followed by or evidencing delivery of possession of the immovable property agreed to be sold, the stamp duty shall be leviable under Sub-column No. 2 of Column No. 2 of Entry No. 23 of Schedule 1-A as amended by the State of Punjab.

(3.) Though served, none has appeared on behalf of the respondents.