RUDRA FINANCIAL SERVICES Vs. KOTA NADAMUNI EDAPALAYAM

JUDGEMENT

(1.) This Civil Revision has been preferred against the Order, dated 19.11.2004 made in the Interlocutory Application in LA. No. 18287 of 2004 in O.S. No. 2970 of 2002 on the file of the XVIII Asst. Judge, City Civil Court, Chennai. The Revision Petitioner is the First Defendant in the Suit, that was filed by the Respondent herein, seeking relief of declaration that the mortgage deed, dated 29.04.2000 executed by the Plaintiff in favour of the First Defendant relating to the suit schedule property was redeemed and also permanent injunction restraining the Defendants in the Suit from bringing the property for sale in public auction to realise the mortgage amount.

(2.) The Interlocutory Application in LA. No. 18287 of 2004 was filed by the Plaintiff in the Suit under Sections 33 and 35 of Indian Stamp Act to impound Ex. B.1 and not to act upon till for the document, proper stamp duty with necessary penalty amount is paid by the Defendant. The Interlocutory Application was allowed by the impugned order and the Defendant was directed to pay stamp duty with penalty for Ex. B.1 on or before 01.12.2004. Against which, the First Defendant in the Suit has preferred this Revision.

(3.) As per the impugned order, it is seen that D.W.1 has stated that Ex. B.1 is an agreement and the terms and conditions of the same at No. 2 reads as follows: