V JAYARAMAN Vs. K A UBAIDUR RAHMAN

JUDGEMENT

(1.) The petitioner in the above Civil Revision Petition is the petitioner in RCOP.No.179 of 2008. The petitioner has filed RCOP.No.179 of 2008 before XVI Small Causes Judge (Rent Controller), Chennai, seeking fixation of fair rent to the premises rented out to the respondent, namely, shop portion in No.12/2, Block No.1, Tamil Nadu Housing Board, Muthamizh Nagar, Kodungaiyur, Chennai 118. The respondent is contesting the same by filing counter affidavit.

(2.) The petitioner herein has filed M.P.No.456 of 2009 to impound Exs.R1 to 8 for non-payment of sufficient stamp duty on them contending that Exs.R1 to 8 are rental agreements for various periods between the petitioner and the respondent and they are executed on a stamp paper of value of Rs.20/- and the same were not sufficiently stamped. The contention of the petitioner was that as far as rental agreement is concerned for every Rs.100/- or part thereof of the amount of the rent, fine, premium or advance, stamp duty should be payable at Rs.1 per Rs.100/-. The said petition was opposed by the respondent herein contending that Exs.R1 to 8 are original copies of the agreements which were executed by the petitioner in favour of the respondent and they have been duly stamped and these documents have been exhibited for collateral purpose for ascertaining the address of the petition premises. He has further contended that there is no necessity to pay any stamp duty or registration is necessary since the period of lease is for eleven months.

(3.) The court below on the consideration of the rival contentions dismissed the petition holding that the period of lease being 11 months, it is not compulsorily registrable and hence the same is admissible in evidence. Being aggrieved by that, the petitioner is before this Court.