P.N. BABU Vs. K.S. ANANTH

JUDGEMENT

(1.) Petitioner is before this Court assailing the order dated 13.08.2018 passed on the interlocutory application in S.C.No.199/2017 on the file of the II Additional Judge and 28th ACMM, Court of Small Causes, Bengaluru.

(2.) Petitioner is the defendant and respondents are plaintiffs in S.C.No.199/2017 filed for eviction of respondents from the suit schedule property. After trial, when the matter stood at the stage of arguments, the plaintiffs filed an I.A. under Section 33(1) and (2) read with Section 34 of the Karnataka Stamp Act, 1957 (hereinafter referred to as 'the Act' for short) praying to impound document Ex.P9, original rental agreement dated 13.06.2002 and to direct the plaintiffs to pay duty and penalty on Ex.P9.

(3.) The defendant contended that the document rental agreement dated 13.06.2002 is already marked as Ex.P6 but the same is not sufficiently stamped. It is stated that the rent payable is Rs.1,375/- p.m. and annually it would be Rs.27,500/- whereas document is executed on a stamp paper of Rs.200/-. As per Article 30 clauses (a) and (i) of the Act, the plaintiffs are liable to pay stamp duty of Rs.1,175/- and penalty on the said impounded document.