D JAYARAMAN Vs. REVENUE DIVISIONAL OFFICER SALEM AND THE APPELLATE AUTHORITY PRINCIPAL SUBORDINATE JUDGE SALEM

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned Subordinate Judge, Salem in Stamp-Appeal No. 4 of 1984, dated 12-11-1986.

(2.) BRIEF facts are the following. The petitioner filed a suit, O.S. No. 791 of 1966 on the file of the Court of the District Munsif, Salem for specific performance of an agreement entered into between himself and one Kanniah Chettiar for the purchase of a property for a sum of Rs. 3,000/-. It is stated that the entire consideration was paid on the date of the agreement. The suit was decreed on 20-12-1968. Aggrieved by the decree, the land owner preferred an appeal and also the Second Appeal without success. Ultimately, the petitioner got the sale deed executed through the Court on 28-7-1982 and the sale deed was forwarded to the Sub Registrar for registration. The Sub Registrar after registering the document has recorded a statement to the effect that on the date of the execution of the sale, the value of the property was Rs. 87,058.50p and necessary deficit stamp papers must be furnished. On that basis, the Revenue Divisional Officer passed an order. Aggrieved by that order, the petitioner preferred an appeal to the Sub Court as provided under Section 47-A of Indian Stamp Act. The learned Subordinate Judge has upheld the view taken by the Revenue Divisional Officer that deficit stamp papers must be furnished. It is against that order of the learned Subordinate Judge, the present revision is filed.