S ZIAULLA Vs. M H SHAFIULLA SAHIB

JUDGEMENT

(1.) This civil revision petition is filed against order, dated 22.10.2011, in I.A. No. 535 of 2011 in O.S. No. 112 of 2010, on the file of the learned Senior Civil Judge, Hindupur. The petitioners are the defendants in the above-mentioned suit filed by the respondent for their eviction. When the respondent sought to produce an unregistered lease deed, dated 10.05.2009, in evidence, the petitioners raised an objection on the ground that it was not stamped and that proper stamp duty and penalty have to be levied. The petitioners have filed I.A. No. 535 of 2011 for a direction to the respondent to pay the deficit stamp duty and penalty. This application was dismissed by the Court below on the finding that the respondent has already paid stamp duty of Rs. 135/- and penalty of Rs. 1,350/- taking the monthly rent as Rs. 10,050/-. Feeling aggrieved by this order, the petitioners/defendants filed this civil revision petition.

(2.) At the hearing, Sri K. Ram Mohan Chowdary, learned counsel for the petitioners, submitted that the Court below has committed a serious error in fixing the stamp duty at Rs. 135/- and penalty at Rs. 1,350/- contrary to Entry-31 of Schedule-IA of the Indian Stamp Act, 1899 (for short 'the Act'). According to the petitioners, the respondent has to pay stamp duty of Rs. 2,223/- and not Rs. 135/- as fixed by the lower Court, besides the penalty to be levied thereon.

(3.) Sri R. Prasad, learned counsel for the respondent, submitted that as there is a serious dispute as to the correct stamp duty to be paid, the Court below may be directed to refer the issue to the District Collector for adjudication under Section 31 of the Act.