RAMMANOHAR PANDEY Vs. ABHAY KUMAR JAIN AND ORS.

JUDGEMENT

(1.) The present Revision is arising out of order dt. 20/11/2014 passed in Execution Case No. 9A/2002 (Abhay Kumar Vs. Ramkumar Pandey).

(2.) Facts of the case reveal that one Abhay Kumar has filed a civil suit claiming specific performance of the contract against Shri Ram Kumar and Shri Rammanohar and the same was decreed by judgment and decree dt. 22/9/2014. As per paragraph 42 of the judgment, the plaintiff was directed to pay Stamp Duty along with Penalty in respect of agreement dated 19/11/1995 (Ex.P/2) keeping in view the Indian Stamp Act, 1899 (M.P. Amendment Act, 1990), Sec. 2 Schedule I Entry No.23. The trial Court has also directed that the entire remaining sale consideration be also paid within a period of 2 months. The third condition imposed by the trial Court was that after payment of Stamp Duty and after payment of the remaining sale consideration ie., Rs.65000/-, the defendant Nos. 1 and 2 shall execute a sale deed in favour of the plaintiff. There was a specific condition in the judgment ie., Condition No.7 that in case, within a period of 2 months, Stamp Duty and Penalty is not paid in respect of Ex.P.2 which is an agreement to sale, the plaintiff will not be entitled for execution of the sale deed. The terms and conditions, as stated in paragraph 42, are reproduced in Hindi (as the judgment is in Hindi), as under : <JUDIMG>1239677-1</JUDIMG>

(3.) It is noteworthy to mention that on 22/11/2004 an amount of Rs.65000/- was deposited by the plaintiff, however, it is again an admitted fact that Stamp Duty and Penalty was not paid by the plaintiff nor the amount was deposited with the Court. An appeal was preferred in the matter and the same was registered as MA No. 2674/2004 and an interim order was passed on 27/1/2005 meaning thereby, after expiry of 2 months period granted by the trial Court to deposit the amount, as stated above. The decree holder finally withdrew the appeal by filing an application before this Court. This Court has passed the following order in MA No. 2674/2004, on 18/11/2011 :