NAGAMANI Vs. NARAYANAMMA

JUDGEMENT

(1.) This writ petition by the plaintiff in O.S.586/2009 on the file of the Senior Civil Judge and JMFC, Devanahalli (for short 'the Trial Court') is directed against the impugned order dtd. 21/7/2015 whereby the trial court overruled the objections raised by the petitioner-plaintiff with regard to admissibility of the panchayath parikath dtd. 21/11/2006 produced by defendant No.2 (DW-1) and permitted him to mark the said document in the evidence.

(2.) Heard the learned counsel for petitioner and learned counsel for respondents and perused the material on record.

(3.) Learned counsel for the petitioner submits that the aforesaid panchayath parikath dtd. 21/11/2006 was inadmissible in evidence since the same was not sufficiently stamped as required under Article 39 of the Karnataka Stamp Act (for short, 'the Stamp Act') which contemplates that Rs.250.00 is to be paid on each share; the said document purporting to divide the properties there under into 3 shares as 'A', 'B' and 'C' schedule properties required payment of Rs.750.00(250 X 3) towards stamp duty as against Rs.250.00 that was paid on the said document which was clearly inadmissible for any purpose whatsoever as provided under Sec. 35 of the Stamp Act; consequently, the impugned order passed by the trial court holding that the stamp duty paid is sufficient is contrary to the said provisions of the Stamp Act and the same is liable to be set aside.