BHIMA RAO DATTAKA Vs. CHANNAPPA BASAVANTAPPA KALASUR

JUDGEMENT

(1.) this revision is preferred against the order dated 23-7-1987. The faets leading to the instant revision briefly staled are as under: the petitioner/plaintiff has filed o.s, No. 32/1986 in the court of munsiff, havcri, praying for a decree for specific performance on the basis of an agreement dated 5-4-1972 purported to have been executed by the respondents/defendants in his favour. The said agreement, however, was on a plain paper. In other words, it was not duly stamped as required under the law. He, therefore, filed an application on 12-6-1987 praying that he be allowed to pay the stamp duty and penalty as provided for under Section 34-a of the Karnataka Stamp Act, 1957 (hereinafter referred lo as 'the act'). His application, however, was resisted by the other side. Among other things, it was contended by the respondents that the agreement in question is illegal and concocted. It was further contended that even otherwise it required registration, inasmuch as the same purports to extinguishing k;e rights, created under the sale deed executed by the plaintiff in respect of the same property. On these grounds in pith and substance they contended that the application be dismissed.

(2.) the learned munsiff, on a consideration of the submissions made at the bar and for the reasons reflected in his order dated 23-7-1987, dismissed the application field by the plaintiff. Hence, the instant revision.

(3.) i have heard the arguments of the learned counsels representing the parties in this revision petition.