KURIAN JOSE, S/O. LATE E.K. JOSE, AGED 54 YEARS, EDASSERY HOUSE, ERNAKULAM VILLAGE, THRIKANAAR VATTOM DESOM, RESIDING AT EDASSERY HOUSE, JOSE VILLA, DIVINE NAGAR, SOUTH CHITTOOR, COCHIN Vs. STATE OF KERALA REPRESENTED BY THE SECRETARY REVENUE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 1 to 3 to permit execution of sale deed as per the decree in O.S. No. 463/2013 in favour of the petitioner at the rate of stamp duty prevailing as on 13.6.2016 viz., date of deposit of the stamp duty by the petitioner, and for other related reliefs.

(2.) Material facts for the disposal of the writ petition are as follows; petitioner is the decree holder in O.S. No. 463/2013 on the files of the Principal Munsiff Court, Ernakulam. The suit is filed for specific performance of an agreement for sale executed between the petitioner and the 4th respondent. Suit was decreed on 28.2.2014. Even though petitioner demanded the 4th respondent to execute the sale deed as per the decree, same was not adhered to by the 4th respondent. Consequent to which, petitioner preferred I.A. No. 3768/2014 seeking to get the sale deed executed through the process of court. Accordingly as per the direction of the court, petitioner produced the draft sale deed and deposited the balance sale consideration. Draft sale deed was approved by the court on 29.3.2016 and directed the petitioner to deposit the requisite amount for purchase of stamp papers for execution of the sale deed by the court. An amount of Rs. 2,15,000.00 was deposited on 13.6.2016, evident from Ext.P4 chalan.

(3.) Petitioner was awaiting treasury advice to the court in order to purchase the stamp papers and the case was adjourned for the said purpose. In the meanwhile new finance Act was introduced enhancing the rate of stamp duty for execution of sale deed, by 2%. According to the petitioner, even though the amount is already deposited with the treasury, and treasury advice awaited for purchasing the stamp papers, was told that, the enhanced rates would be applicable for execution of the sale deed. Thereupon, petitioner approached the Munsiff Court with a petition praying that, there may be a direction to the concerned Sub Registrar to execute the sale deed at the rate prevalent on the date of deposit of the amount by the petitioner. However, there was no positive direction from the Munsiff Court in respect of the petition filed by the petitioner. It is in this background seeking appropriate reliefs petitioner has approached this court.