ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges Ext.P2 order passed by the third respondent whereby the application submitted by him for refund of the stamp value was rejected, stating it as belated.

(2.) The petitioner purchased 10 cents of property situated in R.S. No. 31/20 in Perinthalmanna, which was auctioned by the Sub Court, Manjeri on 14.1.2004 in E.P. 18 of 2002 in O.S. 175 of 1996. The petitioner/successful bidder in the auction deposited the prescribed sale consideration of Rs. 8,50,000/- and another sum of Rs. 40,005/- for the purchase of the stamp papers.

(3.) Subsequently, the petitioner came to know that the judgment debtor was not having exclusive title or ownership over the property and that he had only 1/3rd right over the same; which made the petitioner to approach the Execution Court with a petition (E.A. 283/2004) seeking to set aside the sale on the ground of fraud and material irregularity in conducting the sale, as a result of the collusion pursued between the decree holder and the judgment debtor.