KAPOOR CONSTRUCTIONS BANGALORE Vs. LEELA NAGARAJ

JUDGEMENT

(1.) THE petitioner is a registered partnership firm and has filed a suit against the respondents herein in O. S. No. 9066 of 2003 on the file of the city Civil Judge, Bangalore, for the relief of specific performance to enforce the agreement of sale dated 27-11-2002 in respect of the suit property. The suit property is a site bearing No. 2, Khaneshumari No. 74 measuring 9250 sq ft. carved out of Sy. Nos. 156/2 and 144/3 of chellakere Village, K. R. Puram Hobli, Bangalore South Taluk. The plaintiff has agreed to purchase the above property from the defendants for Rs. 18,00,000/ -.

(2.) AS per Clause 5 of the agreement, the petitioner was put in possession of the property which reads as hereunder:

(3.) IN the suit the 1st defendant filed an application under Section 33 of the Karnataka Stamp Act, 1957 ("the Act' for short) requesting the court to impound the agreement of sale dated 27-11-2002 on the ground that it is not duly stamped and requested the Court to pass appropriate order. This Court below after hearing both the parties has held that the plaintiff was put in possession of the property under the part performance of the contract and that the agreement has been drawn on a stamp paper of Rs. 200/- and the same is not in conformity with the article 5 (e) of the Act and directed the plaintiff to calculate the duty and penalty and to pay the same by its order dated 11-2-2004. The legality and correctness of the same is called in question in this writ petition.