BHAGWATI PRASAD DUBEY Vs. SUMARTI BAI WIDOW

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 27/7/2017 (Annexure P/5) passed by IInd Civil Judge, Class-II, Hoshangabad in C.S.No.10-B of 2015.

(2.) The facts of the case are that the respondents are the owner and in possession of a land bearing Khasra No. 62, P.H.No.18, Tehsil & District Hoshangabad admeasuring 2.60 acres. Out of said land, it was agreed that 01 acre of land would be sold by the respondents in favour of the petitioner for a sum of Rs.3.50 lakh. The petitioner paid an amount of Rs.3.20 lakh to the respondents towards the advance part payment of the total sale consideration. Later on, on account of certain reasons, the said sale transaction could not take place and the petitioner demanded the advance payment which was paid to the respondents. Since, the same was returned to the petitioner, he filed the civil suit for refund of the said money of Rs.3.20 lakh from the respondents-defendants. During the pendency of the civil suit, respondents-defendants raised an objection regarding admissibility of the agreement in question dtd. 26/12/2011 on the ground that the same is not a registered document and is insufficiently stamped.

(3.) The learned trial Court vide impugned order dtd. 27/7/2017 (Annexure P-5) allowed the application and directed for impounding of the agreement either through the Court or through the Collector of Stamps. Hence, the petitioner is in the instant writ petition.