SRI. S. VELU Vs. SRI. MAHESH S

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner, who was the obstructer in Ex. P No.1076/2016, being aggrieved of the order dated 26.9.2016 in the said execution petition, directing the petitioner to pay a sum of Rs.1,62,800.00 towards deficit duty and penalty in respect of the lease agreement dated 5.3.2012, on which basis, the petitioner claims to be in possession of the petition property.

(2.) The brief facts of the case are that the respondent and another filed suit for ejectment against one Sri. Shabarish and the suit came to be decreed by the judgment and decree dated 10.3.2016. The said judgment and decree was put in execution, in which the petitioner filed obstruction application. The said obstruction application was put into enquiry. The petitioner was examined as PW-1 and he wanted to rely upon a lease agreement. The respondent raised an objection for marking the said document on the ground of insufficiency of stamp duty and its non registration. Under the said lease agreement, a sum of Rs.15,00,000.00 was stated to have been paid as a refundable security deposit. The court below determined the duty under Art. 30(iii) of the Karnataka Stamp Act, hereinafter referred to as ' the Act- for short, at Rs.14,800.00 and penalty at Rs.1,48,000.00 in total Rs.1,62,800.00. Being aggrieved, the petitioner has filed the present writ petition.

(3.) I have heard the learned counsel for the parties and perused the petition papers.