AVINASH KUMAR CHAUHAN Vs. VIJAY KRISHNA MISHRA

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of sections 33 and 35 of the Indian Stamp Act 1899 (for short the Act) calls for our consideration in this appeal which arises out of a judgment and order dated 27th February, 2007 passed by a learned Single Judge of the High Court of Chattisgarh at Bilaspur dismissing a petition filed by the appellant herein under Article 227 of the Constitution of India against the orders dated 14th November, 2006 and 9th January, 2007 passed in Civil Suit No. l-B/2006 by the Additional District Judge, Gariaband, Raipur.

(3.) The undisputed fact of the matter is that the respondent herein, who is said to be a member of the Scheduled Tribe intended to transfer a house and land admeasuring 10150 sq. ft. situated at Village Gariyaband, District Raipur. A sum of Rs. 2,70,000 fixed by way of consideration towards the aforementioned transfer was paid to the respondent by the appellant. Possession of the said property had also been delivered.