SYED AKHAIL Vs. MALLIKARJUNA RAO

JUDGEMENT

(1.) This is a tenant's writ petition filed against the order dated 4th April 2017 allowing the application filed by the defendant under Sections 33 and 34 of the Karnataka Stamp Act, 1957 ('the Stamp Act' for short) in part directing the defendant to pay stamp duty and penalty on Ex.P1 according to Article 30(a)(1) r/w Article 12(b) of the Stamp Act.

(2.) It is the case of the defendant/petitioner that plaintiffs/respondents claiming to be the owners of the property in question filed for ejectment contending that they are the owners of the suit schedule property and defendant/petitioner is the tenant under them on a monthly rent of Rs.2,700/- and security deposit of Rs.45,000/- was received by them from the defendant. The defendant filed the written statement and admitted the relationship and contended that the suit filed by the plaintiff for ejectment is not maintainable and therefore sought for dismissal of the suit.

(3.) When the matter was posted for evidence, the defendant filed an application under Sections 33 and 34 of the Stamp Act r/w Section 151 of Code of Civil Procedure, 1908 ('CPC' for short) praying to impound the rental agreement - Ex.P1 produced by the plaintiffs contending that the plaintiffs have produced the rental agreement which is not properly stamped and the same was marked by the Court. It is also stated that since Ex.P1 was not sufficiently stamped, the duty and penalty to be collected from the plaintiffs under Section 34 of the Stamp Act.