J PRAKASH Vs. M T KAMALAMMA

JUDGEMENT

(1.) IN this case, petitioner has called in question the order on i. A. No. 3 dated 18. 1. 2007 in O. S. No. 2305/2006 on the file of the 11th Additional City Civil and Sessions Judge, Bangalore, whereby the court below has directed the petitioner to pay necessary duty and penalty on the agreement to sell dated 8. 10. 2005.

(2.) THE petitioner is the plaintiff in the aforesaid suit and the respondent is the defendant. The plaintiff filed the said suit for specific performance of an agreement to sell dated 8. 10. 2005 in respect of the suit schedule property and for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the said property. The defendant has filed her written statement. During the pendency of the matter, the defendant filed I. A. No. 3 under section 34 of the Karnataka Stamp Act, 1957 (for short 'the Act')read with Section 151 of the Code of Civil Procedure seeking a direction to the plaintiff to pay duty and penalty of Rs. 11,30,780/- on the suit document, namely, agreement to sell dated 8. 10. 2005. It is the case of the defendant that she has not executed the aforesaid agreement in favour of the plaintiff. Since the plaintiff is asserting his possession of the suit schedule property in furtherance of the said agreement to sell, he is required to pay proper stamp duty as per article 5 of the Schedule to the Act as amended on 1. 4. 1995. The plaintiff is also required to pay the penalty as per Section 34 of the Act as he has not paid the duty.

(3.) THE plaintiff has filed objections to the application. It is his specific contention that possession of the property has not been delivered to him under the said agreement. Therefore, he is not liable to pay stamp duty as per Article 5 of the Schedule to the Act nor he is liable to pay any penalty.