GNYANESHWAR SINDOL Vs. SUMITRA BAI

JUDGEMENT

(1.) The petitioners have challenged the order dated 27.08.2015 passed on I.A. filed under Section 151 of CPC., in O.S.No.58/2013 on the file of Prl. Senior Civil Judge, Bidar, at Annexure-G to the writ petition.

(2.) The petitioners/original plaintiff has filed a suit in O.S.No.58/2013 against the respondent herein for specific performance of suit agreement. The respondent/defendant has filed her written statement. In the said suit proceedings, petitioners/original plaintiff filed an application under Section 151 of CPC., praying to certify that the plaintiff had paid the required stamp duty and penalty on the agreement of sale dated 11.04.1996, executed by the respondent/defendant in favour of the petitioners/plaintiff as per law. The respondent contested the same by filing the objections. On appreciating the material on record, the trial Court rejected the application and has directed the petitioners to pay the stamp duty of Rs.6,44,168.5 on or before 13.10.2015, failing which, as per Section 33 of the Karnataka Stamp Act, 1957 (for short 'the Act'), Office is directed to impound the agreement of sale dated 11.04.1996 and send it to the Deputy Commissioner, Bidar to recover the above said penalty and stamp duty in terms of the order. Aggrieved by the same, the petitioners are before this Court.

(3.) Learned counsel Sri Ameet Kumar Deshpande appearing for the petitioners would submit that under Section 67-B of the Act, the District Registrar is empowered to receive the stamp duty required to be paid for the purpose of transaction shown in the document. The District Registrar also has discretion to levy the penalty. Hence, invoking the power under Section 67-B of the Act, the District Registrar has received the stamp duty and has levied the penalty as per his discretion and has made an endorsement on the agreement of sale. On the date when the original agreement for sale was produced before the trial Court, the stamp duty and penalty as required in law has been paid.