SHARAD CHAND MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The facts are : on 12-5-1992 a house in Juhi Bazar Kanpur is subject of an agreement to sale Rs. 3,20,000.00. An amount of Rs. 2 lacs is paid to owner Sharad Chand Mishra and the rest to follow when conveyance is to execute favouring Rakesh Agarwal. The stamp duty paid on agreement is at Rs. 100.00.

(2.) Sub-Registrar, Kanpur submits a reference under Sec. 47-A Stamp Act to Additional Collector (F & R) that possession of the land has been delivered ; the transaction amounts to a sale. So deficient stamp duty be realised. On 6-6-1992 Additional Collector orders registration of a Stamp case and issue of a show cause notice. On 19-11-1992 vendee Rakesh Agarwal files an objection in opposition. The contention is that Sharad Chand Misra is still in possession of the land ; that only ana agreement to sale has been executed. The case is that on getting permission the vendor shall execute a sale and, then, alone possession will be delivered. On 13-5-1993 Additional Collector makes a spot inspection ; the report by Naib TAhsildar, significantly claiming that possession has been delivered to vendee Rakesh Agarwal. Parties are heard. 31-5-1993 Sri K.K. Gupta, Additional Collector Kanpur enters an order directing vendees to pay further more a sum at Rs. 23, 100.00 as stamp duty and to pay a sum at Rs. 1,16,000.00 as penalty. Aggrieved by the order, a revision is filed.

(3.) Heard the counsel for the parties and perused the record.