M. PURUTHOTHAM Vs. BHUDEVAMMA

JUDGEMENT

(1.) The plaintiff in the suit has preferred this Writ Petition challenging the order passed by the trial court holding that the agreement of sale is insufficiently stamped and calling upon the plaintiffs to pay the deficit stamp duty and ten times penalty on the said duty.

(2.) The plaintiffs have filed suit for specific performance of agreement of sale. The defendants have contested the matter by filing written statement and issues are also framed. The plaintiffs have got marked Ex.P.1 to P.45 at the time of evidence and sought to tender agreement in question at the time of evidence before the court. At that juncture, the defendants objected to the marking of the said document on the ground that it is insufficiently stamped.

(3.) After eight hearing dates, the plaintiffs also filed an application for determination of the stamp duty payable on the instrument and to refer the matter to the District Registrar. The trial court, after hearing both the parties, has held that the agreement is insufficiently stamped and therefore the plaintiffs have to pay duty and penalty. Aggrieved by the said order, the plaintiffs are before this court.