KASTURI Vs. MAHADEVI

JUDGEMENT

(1.) Heard Sri.S.S.Mamadapur, learned Advocate appearing for petitioners and Sri.Ashok S. Kinagi, learned Advocate appearing for respondent. Perused the records.

(2.) The short point that arises for consideration in this writ petition is whether trial Court was justified in directing District Registrar, Vijayapura to compute the deficit stamp duty and penalty payable on the documents/deeds styled as "Apsat Watni Patra" dated 01.01.1992 and 04.10.1966 produced by the defendant Nos.2 to 11 during the course of evidence of DW.1.

(3.) Suit in question i.e., O.S.No.12/2011 has been instituted by first respondent herein for the relief of partition and separate possession in respect of suit schedule properties claiming same to be joint family properties. Written statement has been filed by defendant Nos.1, 3 and 9 denying averments made in the plaint. Issues came to be framed. Plaintiffs have tendered their evidence and when the matter was set down for recording evidence of defendants, two documents were sought to be produced by defendants through DW.1 and said documents are styled as "Apsat Watni Patra" dated 01.01.1992 and 04.10.1966 drawn on stamp paper of Rs.10/-. Objections came to be filed by learned Advocate appearing for plaintiffs contending that said documents are insufficiently stamped documents and same cannot be received in evidence.