MAHENDRA KUMAR Vs. MEERA BHARGAVA

JUDGEMENT

(1.) BY this writ petition under Article 227 of the constitution of India, petitioner has challenged the legality, validity and propriety of the order dated 17.10.2012 passed by the trial Court dismissing the application filed by the petitioner under section35 of the Stamp Act vide I.A. No.3.

(2.) FACTS necessary for disposal of this petition are in narrow campass. Plaintiff/respondent has filed a suit for specific performance of agreement to sale dated 10.12.2008.

(3.) DEFENDANT filed an application under section 35 of the Stamp Act questioning the admissibility of the aforesaid agreement to sale on the premise that the instrument does not bear the stamp duty as payable in conveyance deed as the possession of the property was delivered by the instrument does not bear the stamp duty as payable in conveyance deed as the possession of the property was delivered by the instrument and therefore stamp duty was payable as per the market value of the property ans in absence where of the document was not admissible in evidence. I carned counsel relied upon judgment of Coordinate Bench of this Court in Gajanand Awasthy v. Sharif Khan, [2008(II) MPWN 63], and submitted that document deserve to be impouned and sent to Collector for affixture of proper stamp duty.