SULOCHANA Vs. B.K. MARIYAPPA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the defendants with a prayer to set aside the order dtd. 13/8/2019 passed on I.A.No.VI in O.S.No.5991 of 2015 by the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru.

(2.) Heard the learned counsel appearing for the parties.

(3.) Suit in O.S.No.5991 of 2015 is filed by the respondent herein before the jurisdictional civil Court at Bengaluru seeking the decree of ejectment against the defendants and to direct the defendants to deliver vacant possession of the suit schedule premises and also to pay 75,000/- towards use and occupation of the suit schedule premises from 1/2/2015 to 30/6/2015 and further direct the defendants to pay damages for the aforesaid period. In the said suit, defendants have filed written statement and opposed the suit claim. I.A.No.VI was filed on behalf of the defendants under Sec. 38 of the Karnataka Stamp Act, 1957 R/w Sec. 151 of CPC ( hereinafter referred to as 'The Act of 1957" for short) with a prayer to impound the lease agreement dtd. 1/2/2010 vide Ex.P.2 for the purpose of collecting the deficit stamp duty and penalty on the same. The said application was opposed by the plaintiff by filing objection. The trial Court, vide the order impugned has rejected I.A.No.VI and being aggrieved by the same, the petitioners / defendants are before this Court.