S SOUNDARAJAN S Vs. V KRISHNAMURTHY

JUDGEMENT

(1.) The plaintiff has filed the present writ petition against the order dated 02.01.2018 made in O.S.No.656/2010, thereby directing the plaintiff to pay the registration fee of Rs.1,09,250/- with penalty of Rs.12,01,750/- within twenty days from the date of the order or else, the mortgage deed dated 05.05.2008 shall be impounded and sent to the concerned Sub-Registrar Authority.

(2.) The plaintiff-petitioner herein filed suit for permanent injunction restraining the defendant-respondent herein from unlawfully dispossessing the plaintiff from his peaceful possession of the suit schedule property, contending that the petitioner is in the possession of suit schedule property and the defendant is interfering unnecessarily. The defendant-respondent herein filed the written statement denied the plaint averments and sought for dismissal of the suit.

(3.) When the matter was posted for plaintiff's evidence, the plaintiff sought for marking of the deed titled as deed of mortgage in his chief examination, which was objected on the ground that same was not duly stamped. Therefore, on the objections raised by the respondent, the trial Court directed the office to calculate the duty and penalty on the said document and office has calculated the duty and penalty under Article 30 of the Karnataka Stamp Act, 1957('Act' for short). The plaintiff-petitioner herein filed objections to the office note and contended that Article 30 is not attracted and it is only under Article 47 of the Act, the duty has to be calculated as per Annexure-D. The trail Court, without considering the provisions of Article 47 of the Act proceeded to pass the impugned order directing the plaintiff-petitioner herein to pay stamp duty in terms of Article 30 of the Act. Hence, the present writ petition is filed.