S M SURESH Vs. G P VAMANA RAO

JUDGEMENT

(1.) THE case is at the stage of admission and the Counsel argued the matter on merits for final disposal.

(2.) THE defendant is the appellant in the suit. The respondent-plaintiff filed a suit for declaration and possession of the suit schedule property. According to plaintiff, an unregistered agreement was entered into between the parties. By the terms of which, the defendant was to be in possession for a period of five years. As a consideration for such possession, the defendant has to pay to the plaintiff a sum of Rs. 1,60,000/- as interest free deposit. On the completion of five years, the amount of Rs. 1,60,000/- to be refunded and the defendant to re-deliver possession to the plaintiff. Upon completion of the period of five years, the suit is filed.

(3.) IT is pertinent to note that certain developments with regard to the unregistered agreement have taken place in the course of trial. In the first instance, the marking of the document is disallowed for want of registration. In the second attempt, the trial Court permitted marking of the document. A Writ Petition was filed in WP No. 21859/2004. This Court by the conditional order permitted the plaintiff to make good the duty and penalty as required under Section 34 of the karnataka Stamp Act within the time fixed. In the event of failure on the part of plaintiff directed that the documents shall be rejected as inadmissible in evidence. The plaintiff filed a memo giving the calculation of the penalty liability and requested the Court to permit him to pay the penalty. The trial Court by order dated 21. 7. 2004 rejected the request in the memo on the ground that the calculation and collection of the stamp duty is within the jurisdiction of the registering authority and not the duty of the Civil Court. After passing the said order, the trial Court pronounced the judgment, allowed the suit and directed the defendant to deliver possession within three months from the date of this order. Further, directed an enquiry into the damages/mesne profits for the unauthorised occupation from the date of suit till delivery of possession.