INDERPAL SINGH CHANDOK Vs. MANMOHAN KAUR

JUDGEMENT

(1.) In this petition filed under Article 227 of Constitution, the parties are at loggerheads on the question of validity of the order dated 19.09.2012 (Annexure-P/2) passed in the Case No.352/B-103/Section 33/2011-12 by the Collector of Stamps.

(2.) In a Civil Suit No.108-A/2006 (Smt. Manmohan Kaur Vs. Inderpal Singh Chandok), the document i.e. agreement of sale was produced. The said suit was filed for specific performance of the contract. The said document was impounded and was sent for valuation before the Collector of Stamps. In turn, the Collector of Stamps passed the order dated 19.09.2012 and opined that the agreement of sale was executed on 08.04.2004. The possession has not been given to other side. Accordingly, as per the operative portion, certain deficit Court fees were directed to be paid.

(3.) Shri R.P. Khare, learned counsel for the petitioners argued that a plain reading of agreement of sale dated 08.04.2004 makes it clear that purchaser was given possession of the suit property. Attention was drawn on clause 3 of the said agreement. It is submitted that the Collector of Stamps has given incorrect findings on the basis of a overruled judgment of this Court. By taking this Court to ground (C) of the petition, it is urged that the said decision was taken because of extraneous consideration. It is urged that the said order runs contrary to the settled legal possession. In support of the aforesaid contention, Shri Khare relied on certain judgments.