K.L.SWAMY Vs. L.K.TRUST

JUDGEMENT

(1.) Respondent's counsel is absent.

(2.) The plaintiff in O.S.45/2009 on the file of Senior Civil Judge, Chamarajanagar, has preferred this revision petition aggrieved by the order dated 16.1.2014 on application filed under Order XII Rule 6 of the Code of Civil Procedure ('CPC' for short) by the plaintiff in the said suit.

(3.) The plaintiff's suit is for rectification of the registered sale deed dated 29.3.2007 executed by him in favour of the defendant. The material facts are that the defendant is a registered trust. The plaintiff is also one of the trustees. He is the absolute owner of the land in Sy. Nos. 106 to 109, 113 and 114 of Mangala Village, Hangala Hobli, Gundlupet Taluk. He wanted to transfer these properties to the defendant trust by executing an absolute gift deed without any consideration. He intended that these properties should be held by the trust for achieving its objects. With this intention he went to Gundlupet for the purpose of executing gift deed in favour of the defendant- trust. There he was informed that the gift deed would also attract stamp duty on the present market value. The Sub- Registrar told him that the market value of the property according to Government guideline value was Rs.1,99,62.000/- and the document would not be registered unless the stamp duty was paid in accordance with the guideline value. The plaintiff and defendant were advised that the deed would not be registered if the consideration amount was not shown and therefore a nominal consideration for Rs.10,00,000/- was agreed to be paid by the trust to the plaintiff. In this background, instead of a gift deed, a sale deed came into existence. Consideration for the sale was shown as Rs.10,00,000/-. Thereafter, the deed was registered as a sale deed. The plaintiff states that owing to an erroneous impression the sale deed came into existence. His intention was to gift the properties to the trust. The plaintiff has stated that the document registered on 29.3.2007 does not reflect of his true intention to gift the property. Thereafter he requested the defendant to get the document rectified and then the defendant told him that proper legal steps should be taken for that purpose and hence the suit.