K. INDIRAMMA Vs. G. NAGRATHNAMMA

JUDGEMENT

(1.) The petitioner/plaintiff in O.S.No.11181/2006, which is pending consideration on the file of XI Additional City Civil Judge, Bengaluru City, is before this Court being aggrieved by the order dtd. 23/10/2017 passed by the Trial Court impounding document dtd. 1/2/2006 under the provisions of Karnataka Stamp Act, 1957 with a direction to the plaintiff to pay duty and penalty as calculated by the office.

(2.) Facts in brief are that the petitioner/plaintiff herein had entered into an agreement of sale dtd. 4/4/2005 agreeing to purchase the suit schedule property for a total consideration of Rs.7,60,000.00. The petitioner/plaintiff had apparently paid part of the sale consideration and had agreed to pay balance sale consideration on or before the date of registration of the deed of sale. It appears, subsequent to the agreement petitioner paid balance sale consideration in several installments and endorsement/shara in this regard was made on the said agreement of sale and also on certain additional stamp paper enclosed to the said agreement. Another document dtd. 1/2/2006 under the heading "XXX XXX XXX" ("Mane Hastantara Dhrudikarana Pramana Patra") came to be executed between the petitioner and the respondents which document referring to agreement of sale, had provided that the petitioner/plaintiff herein had been handed over/delivered the possession of the residential house with a right to recover the rents and also to receive the mortgage amount from the tenants/mortgagees.

(3.) Dispute arose between the parties resulting in the petitioner/plaintiff filing the above suit for the relief of specific performance. The aforesaid agreement of sale dtd. 4/4/2005 along with endorsement and the aforesaid document dtd. 1/2/2006 are filed as a suit documents. An application under Sec. 151 of the Code of Civil Procedure came to be filed by defendant No.3 seeking direction to the Trial Court to refer the matter to the District Registrar, Bengaluru for determination of duty and penalty payable on the aforesaid documents.