HARVINDER KAUR Vs. STATE OF M P

JUDGEMENT

(1.) This petition is filed by the petitioners challenging orders Annexures-P-2, P-4, P-5 and P-6 dated 5-1-1998, 24-7-2001, 2-4-2002 and 5-5-2003 respectively.

(2.) Brief facts of the case are that the petitioners have entered into an agreement dated 28-8-1978 with Kishanlal s/o Ganpatlal John for purchase of a house situated at MLB Board opposite Phoolbagh, Lashkar, Gwalior. The agreement was not complied with by respondents No. 4 to 10, hence the present petitioners filed a suit for specific performance No. 18-A/1991. The decree for specific performance was passed in favour of the present petitioners on 13-10-1995 and in execution of the said decree the Court directed to execute the sale deed in favour of the present petitioners.

(3.) The sale deed was presented before the Registrar of Stamps for registration. The Registrar at the time of registration referred the matter for fixing market value vide order Annexure P-2 dated 5-1-1998. On his reference, the Collector of Stamp issued notices to the petitioners, who filed objections Annexure P-3 and P-3-A. According to the petitioners, as they have purchased the property in pursuance of an agreement to sale in their favour, which was entered into on 28-8-1978 is liable for payment of stamp duty as on the date of agreement. Therefore, the Registrar of Stamp has no right or jurisdiction to demand additional stamp duty. According to them, as the agreement was entered into in the year 1978, they have truly set forth the valuation in the instruments.