MANSINGH Vs. RAMESHWAR

JUDGEMENT

(1.) The petitioner/plaintiff being aggrieved by order dated 27-8-2008 passed in Civil Suit No. 48-A/2007 by the learned Additional District Judge, Indore holding the document dated 26-6-2000 (hereinafter referred to 'the Agreement') to be falling under Article 23 of Schedule-IA of the Indian Stamp Act, requiring the plaintiff to pay the duty and penalty has come to this Court.

(2.) The short facts necessary for disposal of the present petition are that the plaintiff filed a suit for specific performance of the agreement dated 26-6-2000 with a submission that the property in dispute was agreed to be sold for a sum of Rs. 2,75,000/-, out of the said amount Rs. 1,60,000/- was received by the defendant No. 1 and possession of the property was delivered to the plaintiff and the fact was mentioned in the said agreement. He prayed for the specific performance of the contract, however, it is to be noted that he did not claim any relief for possession.

(3.) The defendant No. 1 appeared in the suit and submitted that the suit was barred by limitation and that possession was never delivered to the plaintiff. When the suit agreement was sought to be produced in the evidence, the defendant raised an objection submitting inter alia that as the delivery of possession is recited in the suit agreement, the plaintiff should prove before the Court that the document was properly stamped and in case the document was not properly stamped then the duty which is in the short fall and the penalty ten times be recovered. It was contended before the Court below that the document was admitted by the other side, and therefore, the same was admissible in evidence. However, the learned Court below came to the conclusion that the document ought to have been on stamp worth Rs. 20,625/- and as it was written on stamps worth Rs. 50/- only, the short fall was Rs. 20,575/-. Calculating the penalty on the short fall, the trial Court observed that the plaintiff would be required to pay a sum of Rs. 2,05,750/- as penalty. The plaintiff is now before us.