RAJESH KHANNA Vs. DEEPU RAMAKRISHAN

JUDGEMENT

(1.) In a suit for setting aside a sale deed showing consideration of Rs. 3,50,000/-, the defendants contended that the total consideration paid by them is Rs. 67,00,000/-. The suit filed by the plaintiffs is numbered as O.S.No.115/2010 on the file of the Additional Sub Judge, Kollam. The plaintiffs sued them based on the certified copy of the sale deed No.1615/2008 of Eravipuram SRO. The plaintiffs filed an application as I.A. No. 2041/2015 in O.S. No. 115/2010 to impound the document. The said application has been allowed as per Ext.P10 order. The defendants challenge the above order in this original petition.

(2.) It is appropriate in this context to refer to Section 33 of the Kerala Stamp Act, 1959 which deals with the Examination and impounding of instruments. Section 33 of the Stamp Act reads as follows:

(3.) The question that arises for consideration is whether adjudication is warranted as to the consideration paid for the purpose of stamp duty and registration. One of the issues in the suit itself is as to the consideration paid by the purchasers/defendants. The defendants have filed written statement opposing the averments in the plaint. The plaintiffs denied having received such consideration. These are matters which are the subject matter of the suit itself. The contention in the written statement would remain only as a contention unless that contention is accepted through an adjudicatory process.