JAGANNADHAM N Vs. V MANGAMMA

JUDGEMENT

(1.) Aggrieved by the orders of the District Munsif of Kodada in LA. No.125/96 in O.S.No. 34/92 on an application filed by the petitioner under Sec. 38(2) of the Indian Stamp Act wherein the District Munsif refused to forward the document in question to the R.D.O. for impounding and levied ten times penalty under the impression, that this Court directed him to do so while disposing of CRP No. 3769/95 dated 28-12-1995, the present Revision Petition is filed.

(2.) The brief facts of the case are that the petitioner purchased an extent of Ac 2-00 of land for a consideration of Rs. 64,000/- under an agreement of sale executed on five rupee stamp paper on 28-5-1989 from one Nalajala Tulisamma. But the vendor without executing a regular sale deed filed O.S. No. 877/89 on the file of the District Munsif Court, Kodada for a permanent injunction and failed to get a temporary injunction. In those circumstances, the vendor executed a registered sale deed in favour of the respondent on 26-1-1990 and on the basis of that sale deed the respondent filed the present suit O.S.No. 34/92 seeking permanent injunction against the petitioner.

(3.) At the time of trial, on an objection taken by the respondent with regard to admissibility of the document by contending that the document being a regular sale deed the same is inadmissible in evidence as it was not properly stamped. The petitioner contended that it is only an agreement of sale but not a regular sale deed. By order dated 30-10-1995, the Trial Court held that it is a sale deed and directed the petitioner to pay stamp duty and penalty within ten days from the date of the order.