G.V.NAGARAJ Vs. LAKKAMMA

JUDGEMENT

(1.) Petitioners being the plaintiffs in OS.No.39/2010 are seeking issuance of writ of certiorari to quash the order dtd. 16/4/2018 dismissing IA Nos.8 and 9 filed under Sec. 33 of the Karnataka Stamp Act, 1957.

(2.) Heard Sri. Chidambara G.S., learned counsel for the petitioners. Learned counsel for the respondents has not addressed his arguments. Perused the materials on record.

(3.) Learned counsel for the petitioners contended that the petitioners as plaintiffs filed the suit for declaration that they are the joint owners and that three sale deeds referred to therein, executed by defendant Nos.1 to 3 in favour of defendant Nos.4 and 5 are not binding on them. Defendant Nos.4 and 5 who are the purchasers of the property under the sale deeds appeared before the Court and filed the written statements taking specific contention that the sale deeds executed in their favour were under valued for the purpose of registration and for payment of stamp duty. However, they got marked the sale deeds as per Ex.D6 dtd. 29/6/2005, Ex.D7 dtd. 17/7/2006 and Ex.D12. Plaintiffs filed the application Nos.8 and 9 under Sec. 33 of the Stamp Act requesting the trial Court to impound the said document as the same are insufficiently stamped. The trial Court proceeded to reject both the applications only on the ground that the sale deeds are already registered and therefore, the same cannot be impounded. The reasoning given by the trial Court and the order passed is illegal, perverse and the same is liable to be quashed.