NEERAJ JAIN Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner (opposite party in appeal) has come up before this court under Article 226 of the Constitution of India challenging the order dated 1.11.2014 passed by the District Judge, Lucknow in Misc. Appeal No.36 of 2011) State of U.P versus Competent Authority (Evacuee Property) (Misc. Appeal No.36 of 2011) under section 35 of the Indian Stamp Act 1899 (The Act), impounding the instrument, directing the petitioner to pay the deficient stamp duty.

(2.) Facts giving rise to the petition briefly is that the petitioner purchased 2/5th share admeasuring 10,040 square metre , part of Khasra No. 1536 of Khewat no.1/1 and 3 of Mahal Umar Daraj Ali Khan vide instrument no.8470 of 2001 dated 11.10.2001 for Rs.1,10,000/-, Rs.10,000/- was paid as stamp duty on the instrument. Petitioner filed an application before the competent authority/Board of Revenue for separation of 2/5th portion from the evacuee property belonging to Umar Daraj Ali Khan.

(3.) The competent authority on 27.10.2010 directed for partition of the composite property and separating 2/5th share of the petitioner which was not part of the evacuee property.