APPASAB Vs. ANAND

JUDGEMENT

(1.) The cap tioned writ petition is filed by the petitioners-defendants challenging the order dtd. 17/1/2020 passed by the Court below while recording the evidence, wherein the ob jections raised by the present petitioners-defendants in regard to marking of the suit agreement is overruled .

(2.) On perusal of the evidence of plaintiff , though the learned judge has overruled the ob jections filed by the petitioners-defendant while marking Ex.P.1 . However, learned judgment has not assigned any reasons for overruling the ob jections .

(3.) Admittedly, the suit agreement relied on by the respondent/plaintiff is dated 08.01 .2016. It is not in dispute that, the agreement is not coupled with possession and thereby it false under Article 5(e)(ii) of the Karnataka Stamp Act, wherever in an agreement of sale it possession is not delivered , the same is governed by amended provision of Article 5(e)(ii). The amendment to Article 5(e)(ii) was brought with effect from 1/4/2011 by Act No.16 of 2011. In the present cause on hand , the suit agreement is written on R.200/- stamp paper. Further it is also evident that the suit agreement is dtd. 8/1/2016 which is subsequent to 2011 amendment. The amended provisions of Article 5 (e) (ii) contemplate determination of stamp duty by imposing ten paise for every one hundred rupees or part thereof on the market value. Maximum cap fixed in the above said provision is Rs.20 ,000.00 and the minimum is fixed at Rs.500.00.