SUNIL KUMAR Vs. ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) Heard Sri A.K. Goyal learned Counsel for the Petitioner and learned standing counsel for the State Respondents.

(2.) The Petitioner is aggrieved by the order dated 8.7.1992 (Annexure 5 to the writ petition) passed by the 1st Additional Civil Judge, Meerut in Execution Case No. 6 of 1990, Sunil Kumar v. Mukul Kumar, as also the Revisional order dated 1.11.1995 (Annexure 6 to the Writ petition) passed by the court of XIth Additional District Judge, Meerut in Civil Revision No. 266 of 1992.

(3.) Sri A.K. Goyal has submitted that the Petitioner was a decree holder in a Suit for specific performance being Suit No. 877 of 1984 and when the Defendant judgment debtor failed to execute the sale deed of the land in question the executing court executed the sale deed on 8.5.1992 and sent the sale deed for registration before the Sub-Registrar, Meerut (Respondent No. 6). The Sub-Registrar found that the sale deed was executed on stamp paper of Rs. 22,600 but in accordance with the circle rate determined by the District Magistrate on 2.2.1992 the value of the land in question would be Rs. 1,80,000 and hence the stamp duty chargeable would be Rs. 26,110. As such the executing court on the report of the Sub-Registrar found deficiency in the stamp duty and required the decree holder Petitioner to deposit the same -before the executing court.