AHMED NAJMUDDIN Vs. DURGA BAI

JUDGEMENT

(1.) THIS revision petition has been filed by the respondents in R. C. No. 3 of 1987 on the file of the Court of the Junior Civil Judge, Zaheerabad, Medak District.

(2.) THE RC was filed by the petitioners for eviction of the respondents herein. In the said RC I. A No. 80 of 2008 was filed by the revision petitioners under Sections 31 and 32 of the Indian Stamp Act to send the agreement of sale dated 20. 12. 1975 and the simple sale deed dated 26. 1. 1976 to the Collector, Medak District at Sangareddy to certify by making an endorsement on the documents that the stamp duty is collected and the same are impounded as required under Section 32 of the Indian Stamp Act. The respondent herein resisted the application by contending that the documents were already sent to the District Collector under Section 38 (2) of the Indian Stamp Act for impounding, and accordingly they were impounded by way of collecting stamp duty and penalty. Therefore, there was no necessity of sending those documents once again to the Collector. The lower Court dismissed the application by observing that the stamp duty and penalty has already been collected by the District Collector and returned the documents to the Court along with a covering letter stating that those documents were impounded and collected stamp duty as per law.

(3.) SECTION 32 of the Indian Stamp Act reads as follows: