SATISH BABU Vs. M.D. ANWAR

JUDGEMENT

(1.) Heard the learned counsel for the parties. Perused the impugned order dated 22.10.2013 passed in SCC No.2119/2011 pending on the file of the IV Addl. Small Causes Judge, Bangalore.

(2.) The petitioner herein is the plaintiff and the respondent herein is the defendant in the said suit. Petition has been filed before the trial court for eviction of the respondent from the suit schedule premises. During the course of the evidence, the petitioner wanted to rely upon an unregistered agreement of lease stated to have been entered into between himself and the defendant and wanted to get it marked as exhibit. The learned judge has impounded the said document under Section 34 of Karnataka Stamp Act 1957 and directed the petitioner/plaintiff to pay a penalty at ten times and duty at one time on the document dated 10.04.2005. While passing such order, the learned Judge has observed that the plaintiff is at liberty to recovery the said duty and penalty amount paid by him in terms of mandatory of Section 38 of Karnataka Stamp Act 1957.

(3.) Learned counsel for the respondent also had submitted that this observation is contrary to the mandatory provision of Section of 38 of Karnataka Stamp Act, 1957, in terms of which the petitioner/plaintiff, after payment of requisite penalty and duty, could request concerned DC to refund the amount in excess of Rs.5/-.