KISHORE CONTRACTORS PVT. LTD. Vs. A.RAMANJANAPPA

JUDGEMENT

(1.) Aggrieved by the order passed in I.A.No.10 in O.S.No.9/2011 dtd. 31/8/2018 by the Senior Civil Judge and JMFC., Devanahalli, the petitioner/plaintiff is before this Court.

(2.) The plaintiff had filed the suit seeking specific performance of the agreement dtd. 31/12/2007 and seeking direction to the defendant to execute joint development agreement in terms of the agreement dtd. 31/12/2007 and abide by the same and also a mandatory injunction restraining the defendant from cancelling/revoking the irrevocable general power of attorney dtd. 31/12/2007 along with other prayers. In the suit, the defendant had taken an objection and he has come up with I.A.No.10 stating that the affidavit and the General Power of Attorney dtd. 31/12/2007 is insufficiently stamped and the same has to be impounded. It is the specific case of the defendant that the plaintiff has filed a suit for the relief of specific performance of the agreement by way of affidavit based on the unregistered General Power of Attorney and affidavit dtd. 31/12/2007. It is the case of the defendant that in the notarized affidavit, payment of an amount of Rs.67,00,000.00 has been shown stating that the said amount has been paid to the defendant by the plaintiff. The General Power of Attorney has been referred in para No.7 of the affidavit. According to the defendant, both the documents are contemporaneous to each other. Further, clause-9 of the General Power of Attorney would attract duty and penalty and therefore, the plaintiff is liable to pay the duty and penalty on the consideration shown in the affidavit dtd. 31/12/2007.

(3.) The plaintiff has filed his objections stating that the matter is at the stage of evidence and only for the purpose of protracting the proceedings, the present application is filed and the same is liable to be rejected. The notarized General Power of Attorney dtd. 31/12/2007 and notarized affidavit dtd. 31/12/2007 are duly stamped and are in accordance with law and the stamp duty paid is in accordance with the Karnataka Stamp Act, 1957. Certain allegations are made that the defendants are not abiding with the orders of the Court.