MALLIGA PANEER SELVAM Vs. RAJA SATHYANARAYANA SHETTY

JUDGEMENT

(1.) IN this case, petitioner has called in question the order passed by the XV Additional City Civil Judge, Bangalore, in O. S. No. 1056/2000 dated 12. 9. 2006 whereby the court below has directed the petitioner to pay duty and penalty in a sum of Rs. 81,675/- on document- Ex. D 1 within two weeks from the date of the said order.

(2.) THE first respondent/plaintiff has filed the aforesaid suit against the petitioner and other respondents seeking their eviction from the suit schedule property and for delivery of vacant possession in his favour. Petitioner and respondent Nos. 2 to 4 are the defendants in the said suit. They have contested the said suit. Plaintiff filed his affidavit of evidence in the said suit on 29. 3. 2004. During his cross-examination by the learned Counsel appearing for the defendants, he was confronted with a lease deed. Learned Counsel for the plaintiff raised an objection for marking of the said document, on the ground, that it is insufficiently stomped and that it requires registration. The court below has observed that separate order will be passed with regard to the said objection and subject to the said order, the document is marked in evidence as Ex. D 1. The relevant portion of the deposition of the plaintiff is as under:

(3.) THEREAFTER, the court below has recorded in the order sheet as under: