R RANGADHAMAIAH Vs. CHANNARAYAPPA AND OTHERS

JUDGEMENT

(1.) The plaintiff filed present writ petition against the order dated 2.2.2017 made in O.S.No.198/2007 directing the plaintiff to pay the stamp duty to the agreement dated 10.11.2006 as per Article 5(e)(1) as conveyance under Article 20 of the Stamp Act.

(2.) The plaintiff filed suit for specific performance to enforce the agreement dated 10.8.2006 contending that the defendants have not executed the agreement in favour of the plaintiff agreeing to execute the sale deed within three months, in spite of repeated request made, they failed to execute the sale deed. However, the relevant records standing in the name of the ancestors of the defendants were not mutated in the name of the defendants in time. Therefore, the defendants executed another agreement dated 10.11.2006 extending the time for five more months. In spite of the same, the defendants failed to execute the sale deed. Therefore, filed the suit for specific performance.

(3.) The defendants denied the plaint averments and contended that the very suit filed by the plaintiff is not maintainable and sought for dismissal of the suit. During the pendency of the proceedings, the plaintiff filed application for amendment of the plaint restricting the prayer for specific performance of the agreement dated 10.8.2006, in view of the fact that second agreement dated 10.11.2006 was only for extension of time. The same was opposed on the ground that amendment is sought only to avoid the payment of stamp duty on the agreement of sale dated 10.11.2006 and the amendment application was dismissed. The said order was the subject-matter of Writ Petition No. 34950/2011 before this Court. This Court by an order dated 22.11.2016 directed the trial Court to reconsider the application for amendment. The trial Court by the separate order dated 2.2.2017 allowed the application for amendment. However observed that if any insufficiently stamped agreement of sale produced on record, this Court at liberty to impound the document under Section 34 of the Stamp Act and collect the duty and penalty.