S SURESH Vs. L POTHE GOWDA

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 17.03.2007 in O.S. No. 1323/2007 on I.A.V filed under Section 34 of the Karnataka Stamp Act, 1957 (hereinafter referred to as 'the Act').

(2.) Petitioner is the Plaintiff in the Trial Court. He has sought for permanent injunction, restraining the Defendants from interfering with peaceful possession and enjoyment of the suit schedule property. In the said suit, Plaintiff produced documents along with the plaint, further he also filed an application under Order XXXIX Rule 1 and 2 of Code of Code of Civil Procedure interalia for grant of temporary injunction, restraining the Defendants from interfering with peaceful possession and enjoyment of the suit schedule property. As against the application for grant of temporary injunction, Defendants filed I. As.5 and 6 under Section 34 of the Act read with Section 11 of the Karnataka Court Fees and Suit Valuation Act interalia alleging that, the document produced along with the plaint is a conveyance as defined under the provisions of Section 2 Clause (d) of the Act and is an instrument chargeable under Section 3 of the Act, unless the stamp duty and penalty is paid as required under the provisions of Section 34 of the Act. It is also alleged that, the documents are required to be impounded.

(3.) The Trial Court relying on Article 5 Clause (e) and Section 33 of the Act allowed I.A.V by holding that, the Memorandum of Understanding dated 20th November 2005 and possession letter of the same date are required to be impounded, for want of stamp duty and penalty. It is against this order, the Plaintiff has filed this writ petition.