AMBUSELVI Vs. SARASWATI

JUDGEMENT

(1.) This petition by the plaintiff in O.S. No.52/2016 is directed against the impugned orders dtd. 16/3/2017 and 21/10/2017 passed by the I Additional Senior Civil Judge, Hubli, insofar as it relates to the direction issued by the Trial Court to the plaintiff to pay the deficit stamp duty and penalty.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) The material on record discloses that it is the specific contention of the petitioner-plaintiff that on 21/11/2012, the respondent-defendant executed a sale agreement in favour of the petitioner-plaintiff by receiving valuation consideration of Rs.12,00,000.00 and necessary stamp duty of Rs.67,200.00 was paid by the petitioner- plaintiff on the said document as on the date of its execution, as can be seen from the e-Stamp acknowledgment (Annexure-A to the writ petition). It is contended that since the respondent/defendant did not come forward to comply with the terms and conditions of the aforesaid sale agreement for completion of the sale transaction, the petitioner-plaintiff not only instituted the aforesaid suit for specific performance and other reliefs, but also took refund of the aforesaid sum of Rs.67,200.00 which had been paid on the document as on the date of its execution. Subsequently, during the course of trial, the petitioner sought to mark the said document in evidence which was opposed by the respondent and culminated in the impugned order dtd. 16/3/2017 impounding the document and referring the same to the Sub-Registrar for adjudication/determination of deficit stamp duty and penalty payable as well as the subsequent impugned order under which the deficit stamp duty of Rs.67,200.00 determined/adjudicated upon by the Sub-Registrar was accepted by the Trial Court which directed the petitioner to pay the said sum of Rs.67,200.00 and penalty at ten times of the deficit stamp duty. Aggrieved by the impugned order passed by the Trial Court, the petitioner is before this Court by way of the present petition.