MALKIT SINGH Vs. DALVEER SINGH

JUDGEMENT

(1.) Invoking the jurisdiction under Art. 227 of the Constitution of India and challenging the order dated 18/11/2015, passed by the First Additional District Judge, Dabra District Gwalior, by which the application filed by the defendant No.1 under Sec. 151 of CPC and Ss. 33, 35,38 of the Indian Stamp Act, was allowed by the trial court, this petition has been preferred.

(2.) By the order impugned, learned trial court has directed that the suit filed seeking recovery on the basis of the agreement to sell must be impounded by the plaintiff by making the payment of stamp duty as determined by the competent authority to take it on record in evidence. The plaintiff being aggrieved, has filed this petition.

(3.) Learned senior counsel appearing on behalf of the petitioner inter alia submits that an agreement to sell was exeucted with respect to the land of survey No.1661 area 0.74 hectare, 1666 area 0.06 hectare, 1667 area 0.06 hectare total area 0.86 hectare situated at village Chiruli, Pargana Dabra, District Gwalior, but on account of in-action on the part of the defendant, the sale deed could not have been executed and the petitioner is not willing to get enforce the agreement but treating it to be a receipt of the amount of advance paid, the suit seeking recovery has been filed. Looking to the document (Agreement to sell dated 1/11/2010), it is apparent that the possession of the land has also not been delivered, therefore, in a suit for recovery, said document is not required to be impounded compelling him to pay the court fees. He has placed reliance on the Division Bench judgment of this court in the case of Iqbal Ahmed Vs. Girdharilal as reported in AIR 2011 M.P. 9.