N. SRINIVASA Vs. SRIMURULESH

JUDGEMENT

(1.) The defendant has preferred this writ petition challenging the order passed by the trial Court declining to impound documents under Section 33 of the Karnataka Stamp Act, 1957 (herein after referred as 'the Act').

(2.) The plaintiffs have filed a suit for specific performance of agreement of sale. The case of the defendant is that under the agreement of sale, possession is agreed to be delivered within five months and accordingly, it was delivered. Therefore, the case falls under Article 5(e)(i) of the Act and the documents have to be stamped as a deed of conveyance. The trial Court declined to accept the said contention on the ground that the possession is not delivered under the agreement in part performance of the contract but it was agreed to be delivered within five months from the date of agreement and not under the agreement.

(3.) Article 5(e)(i) reads as under:--