B.V. RAMACHANDRE GOWDA Vs. KEMPAMMA AND ORS.

JUDGEMENT

(1.) By the impugned order dated 03.12.2012, the court below has directed to pay the deficit stamp duty and penalty in respect of the unregistered deed dated 19.09.2003, which is titled as panchayat parikat.

(2.) The petitioner herein filed a suit for declaration and for possession of certain property. In the said suit, the plaintiff/petitioner herein produced and wants to rely upon a document dated 19.09.2003 (titled as panchayat parikat) to show that there was a partition among the brothers. At the time of recording the evidence of the plaintiff, the said document is sought to be marked. It is also relevant to note that what was sought to be produced and marked before the trial Court was certified copy of the deed dated 19.09.2003 inasmuch as the original of the same is stated to have produced in some other litigation between the parties. The production and marking of the same was objected to by the defendants on the ground that the deed in question is a partition deed and therefore, the same needs to be impounded till the stamp duty and penalty is paid as required under the provisions of the Karnataka Stamp Act, 1957.

(3.) The Trial Court has upheld the contentions of the defendants and directed the plaintiff to pay the deficit stamp duty and penalty as prescribed under Karnataka Stamp Act, 1957 in respect of the document in question. It is further ordered that till such time, the documents will not be marked in evidence.