K.G.N. ENTERPRISES Vs. MR. ASHRAF ALI

JUDGEMENT

(1.) THE petitioner has raised the challenge to the order, dated 5.8.2009 (Annexure -E) passed by the Court of the VII Additional City Civil Judge, (CCH -19) Bangalore, On LA. No. 3 in O.S. No. 10714/2006.

(2.) THE facts of the case in brief are that the petitioner filed the O.S. No. 10714/2006 against the respondent for the specific performance of the agreement of lease, dated 20.4.2005. In the said suit proceedings, the respondent filed I.A. No. 3 and requested the Trial Court to impound the said lease agreement. The said I.A. was turned down by the Trial Court, by its order, dated 18.1.2007 holding that the stamp duty paid on the lease agreement is sufficient. It was made clear that the said order on stamp duty is subject to review in case the respondent produces any further material to support his contention at the time of evidence. When the endeavours to raise the objections did not lead him anywhere, he approached this Court in Writ Petition No. 9145/2008. this Court, by its order dated 30.6.2008 disposed of the petition with a direction to the Trial Court to reconsider the matter by giving an opportunity to the respondent to produce the additional materials. The respondent to produce two photographs of the building. The Trial Court, by its order, dated 5.8.2009 allowed the respondent's I.A. No. 3 by acceding to his request for impounding the agreement, dated 20.4.2005. The petitioner was directed to pay the proper duty and penalty on advalorem basis. Aggrieved by the said order, this petition is presented.

(3.) SRI Chalapathy submits that the possession of the suit schedule property was made over to the petitioner only on 29.4.2006 vide possession letter at Annexure -G He also brought to my notice the Memorandum of Understanding, dated 26.3.2006 (Annexure -H) subsequent to the date of the agreement in question. He requested me to notice the contents of Clause 4 of the Memorandum of Understanding, which is extracted hereinbelow: -