NAYEEM MIYAN @ NAYEEM BHAI Vs. AMAYUN ALI

JUDGEMENT

(1.) This writ petition is filed challenging the order passed by the Trial Court holding that the document, on which the plaintiff relies on, does not require registration and payment of stamp duty, as such, it cannot be impounded.

(2.) The plaintiff has filed a suit for a decree for recovery of a sum of Rs.3,00,000/- with interest at 12% p.a. from the person and properties of the defendant by way of attachment, auction, sale of suit schedule properties and the same be paid to the plaintiff. In para 2 of the plaint, it is averred that the defendant received the sum of Rs.3,00,000/- from the plaintiff in the presence of witnesses and executed the agreement on 02.12.2009 in favour of the plaintiff undertaking to repay the said hand loan amount within a period of one month and in security to the said loan amount, the defendant has agreed that the plaintiff could recover the hand loan amount by way of attachment, auction and sale of his owned and possessed and shared property in the house No.3-145(old) 17-2-94 (New) situated at Gandhi Nagar, Mailoor, Bidar and also Auto Rickshaw No.KA- 38/1623 and Lorry bearing registration No.MH27/A 2835, in case the defendant fails to repay the said hand loan amount to the plaintiff within such stipulated agreed period. That is why in the prayer column it is mentioned as sale of the suit schedule properties.

(3.) The defendants have filed written statement. Issues are framed. When the plaintiff wanted to produce the said document in support of his claim, it was objected to and an application is filed under Section 34 of the Karnataka Stamp Act, 1958 read with Section 151 of the Code of Civil Procedure contending that the suit agreement is not properly stamped and therefore, it should not be admitted in evidence as the stamp duty and penalty is not paid. Therefore, a request was made to impound the document. Objections to the said application is filed seeking to dismiss the same on the ground that the said document falls within Article 47 of the Stamp Act. The Trial Court observing that since it is a security bond or a mortgage deed, no registration or stamp duty is required and hence, the said instrument cannot be impounded, has dismissed the said application. Aggrieved by the same, the petitioner is before this Court.