LAXMINARAYAN Vs. OM PRAKASH

JUDGEMENT

(1.) PLAINTIFFS are the petitioners before this Court are aggrieved against an order dated October 22, 2007 passed by the learned trial Judge, whereby it has been held that the document in question (agreement) having recited that possession of the property in question had been delivered to the plaintiffs, the same was insufficiently stamped as per Article 23 of the Indian Stamp Act.

(2.) I have heard Shri B.I. Mehta, learned counsel for the petitioners and Shri Sunil Jain, learned counsel for the respondents and with their assistance, have also gone through the record of the case.

(3.) HOWEVER , Shri Sunil Jain, learned counsel for the respondents, has argued that the requisite stamp duty on a document had to be determined, keeping in view the contents of the document only and the plea raised by the defendants was absolutely irrelevant.