BHAGWATI PRASAD Vs. MATHURA DEVI

JUDGEMENT

(1.) With the consent of parties, the matter is heard finally. In this writ petition under Article 227 of the Constitution of India the petitioners have challenged the validity of the order dated 08.8.2011 passed by the trial Court. In order to appreciate the petitioners' challenge to the impugned order, few facts need mention which are state infra.

(2.) The respondents-plaintiffs filed the suit for specific performance of the contract on the basis of an agreement dated 25.7.2006. Under the agreement, out of total consideration of Rs. 11,01,000/-, sum of Rs. 6,01,000/-was paid to the defendants by way of cheques. The plaintiff submitted his examination-in- chief under Order 18 Rule 4 of the Code of Civil Procedure. On behalf of the defendants another agreement dated 05.8.2006 was produced in which the amount of sale consideration was mentioned as Rs. 25 lacs and an amount of Rs. 6,01,000/- was paid under the agreement to the defendants and the amount of Rs. 18,99,000/- was shown payable to the defendants. An objection was raised by the counsel for the plaintiffs with regard to the admissibility of the aforesaid agreement dated 05.8.2006 on the ground that the same was insufficiently stamped in view of the amendment made in the Indian Stamp Act, 1899 (for short the 'Act') as applicable to the State of Madhya Pradesh which came into force on 13.8.2002.

(3.) The trial Court thereupon directed the petitioners that in case they want to tender the aforesaid agreement in evidence, they will have to pay a sum of Rs. 24,950/- by way of duty and a sum of Rs. 2.5 lacs by way of penalty. Accordingly, the petitioners were granted time to deposit the amount of duty and penalty, in case they wanted to exhibit the document.