PRADEEP JADHAV Vs. ANIL GADKAR AND OTHERS

JUDGEMENT

(1.) The petitioner / plaintiff has filed this present writ petition being aggrieved by the order dated 15/02/2016 passed in Civil Suit no. 29-A/2010, by which, the defendant has been directed to exhibit the agreement without payment of deficit stamp duty and penalty.

(2.) The petitioner / plaintiff filed the suit for possession of the suit property against the defendant. The defendant filed the written statement as well as counter claim seeking relief of specific performance of contract dated 31/03/2005. Along with the written statement and the counter claim, the defendant filed a copy of agreement dated 24/02/2003. The said agreement was executed for sale of immovable property in consideration of Rs. 52.50,000/- which was written on the stamp paper of Rs. 100/-. The plaintiff raised an objection that the said agreement is inadmissible in evidence as stamp duty @ 1% of the total consideration has not been paid. On the basis of the said objection, the defendant has sought permission from Court to take back the said agreement from the Court for the purpose of impounding. Vide order dated 28/08/2015, the Court has permitted to return the deed to the defendant for impounding. Cross-examination was stayed awaiting the impounding. During the course of the cross-examination, the defendant tendered agreement dated 24/02/2003 in evidence, but the plaintiff raised an objection and defendant further sought time to get the documents impounded.

(3.) On 18/12/2015, the defendant filed an agreement dated 24/02/2003 alongwith an application under section 151 of C.P.C before the Court that impounding is not necessary and the said agreement is admissible in evidence for collateral purpose. The petitioner opposes such application that said agreement is not admissible in evidence, unless proper stamp duty is paid.