MOHD NAZEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is directed against the order dated 23-3-2004 passed in Civil Suit No. 8-A/2004 by the Second Civil Judge, Class II, Chhindwara, whereby he has impounded the instrument of agreement for sale dated 9-6-1995 treating it as conveyance and directed the petitioner to pay stamp duty of Rs. 13.150/- together with ten times penalty i.e. Rs. 1,31,500/-; total amounting Rs. 1,44,155/-.

(2.) Petitioner is plaintiff in the suit for specific performance of contract. His case before the trial Court is that on 9-6-1995 he entered into an agreement with Bahabuddin for sale of the land bearing Khasra No. 487, measuring 1250 sq.ft. situated at Mouza Chhindwara. The petitioner paid sale consideration of Rs. 15,000/- and the sale deed was to be executed on any date when he desired. Document No. 1 dated 9-6-1995 annexed to this petition is the agreement for sale between the petitioner and Bahabuddin. It appears that later Bahabuddin avoided executing the sale deed as agreed upon. Petitioner, therefore, filed the present suit against him wherein he pleaded that the possession of suit land was delivered to him at the time of agreement. During the pendency of suit Bahabuddin died and hence his legal representatives, respondent Nos. 2 to 3H, have been impleaded as defendants. Petitioner, in his statement recorded in the trial Court, reiterated his claim that possession of the suit land was delivered to him on the execution of the agreement for sale.

(3.) The respondent Nos. 2 to 3H raised