BHISMAT PANDEY Vs. PHOOLA

JUDGEMENT

(1.) THIS petition is directed against an order dated 16-4-2008 by the additional District Judge, Panna in Civil Suit No. 29-A/2007, by which the Court found that document in question was a promissory note, not an agreement for payment of remaining consideration of sale and was on a proper stamp duty. Holding it, the Trial Court found that the document can be received in evidence.

(2.) LEARNED Counsel for petitioner submitted that in fact the document in question was a 'bond' and not a 'promissory note'. From the language of document it is apparent that a definite amount of money was promised to be paid to the plaintiff/respondent with a condition that only after payment of the amount the defendant shall be entitled for mutation in the revenue record. If the defendant effects mutation without such payment then the plaintiff would be entitled to object the mutation and for declaration of sale deed as void. The document was signed by both the parties and also attested by two witnesses, so it falls within the purview of "bond" as defined under Section 2 (5) of the Indian stamp Act, 1899. He has also placed reliance to a Full Bench judgment of this court in Sant Singh Vs. Madandas Panika and another, 1976 JLJ 235 and submitted that this writ petition be allowed, impugned order be set aside, the document in question be declared as bond, the Trial Court be directed to impound it and only after recovery of duty and penalty it be permitted to be received in evidence.

(3.) LEARNED Counsel for plaintiff/respondent No. 1 opposed the contention and submitted that in fact the document in question is a "promissory note" by which the defendant agreed to pay unpaid consideration of sale deed to the plaintiff, though it was signed by the parties and attested by witnesses, but it does not fall within the purview of bond. In the alternative, it was argued by Shri pareek that it is an agreement for payment of unpaid consideration. He placed reliance to Full Bench judgment of Delhi High Court in the matter of Hamdard dawakhana (Wakf) Delhi C. Reference, AIR 1968 Delhi 1 and submitted that this writ petition be dismissed with costs.