P S THOTAPPA Vs. SIDDAMALIKARJUNA SWAMY

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE facts are as follows : THE petitioner is the plaintiff in a pending suit for specific performance of an agreement of sale. THE agreement is dated 31.3.1996. It is in respect of agricultural land measuring 2 acres and 2 guntas in Sy.No.92/2 of Vadeyandalli, T.Narsipur Taluk. THE petitioner is the purchaser.

(3.) IT is contended that though there are two documents namely, Ex.P2 being the first executed by the defendant to repay money borrowed and having offered documents of title as security for such repayment, the same having been superseded by the Agreement of Sale, which does contain a recital that the defendant is unable to repay the money borrowed under Ex.P2 and hence the transaction be treated as an agreement of sale of the property offered as security, was indeed one transaction. The Court having already collected duty and penalty on the Agreement of Sale on the entire consideration including the amount shown in Ex.P2, the impugned order would result in a duplication of payment of duty and hence the order impugned ought to be set aside.