RAMASAMY Vs. PATTAMMAL AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the docket sheet order passed in memorandum dated 06.12.2007 in O.S. No. 388 of 2002, on the file of the Principal District Munsif Court, Kumbakonam. The Petitioner is the plaintiff in the suit in O.S. No. 388 of 2002. The suit was filed for permanent injunction restraining the defendants, their men in any way interfering with the plaintiff's peaceful possession and enjoyment of the suit property without due process of law.

(2.) The case of the Plaintiff is that the suit property belongs to Sri Aruna Jedeswaresamy Thirukkoil, Thirupanandal. One Chadaiyappan was the lessee of the suit property under the Temple and after his demise, his legal heirs namely mother and wife of the said Chadaiyappan are the lessees of the suit property. Further case of the plaintiff is that on 30.09.2000, the first defendant sub-let her share in the suit property for a sum of Rs. 35,000/- under the Lease Deed, dated 30.09.2000. The Plaintiff instituted the suit relying upon the sub-lease deed, dated 30.09.2000.

(3.) The Principal District Munsif, Kumbakonam issued a memorandum informing the plaintiff to pay the stamp duty penalty of Rs. 38,390/- under Article 35(A) of the Stamps Act. The Petitioner submitted his objection stating that the document dated 30.09.2000 is only an Agricultural Lease Deed and not a Mortgage Deed, which does not require stamp duty. However, the Principal District Munsif, Kumbakonam by order dated 6.12.2007 passed the impugned order directing the plaintiff/petitioner to pay a stamp duty penalty of Rs. 38,390/-. Challenging the said order, the present Civil Revision Petition is filed.