RABINDRANATH DAS Vs. MANMOHAN SARAF

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India directed against order dated 15th of December, 2010 passed by learned Civil Judge (Senior Division) Ranaghat, Nadia in Title Suit No.110 of 2008.

(2.) The O. P. No.1 plaintiff filed a suit for specific performance of contract and for other consequential reliefs against the present petitioners as defendants and O. P. No.2 bank as proforma defendant. According to the O. P. No.1 plaintiff this petitioner defendants executed an agreement of sale dated 25th of August, 2004 relating to the suit property and that O. P. plaintiff was all along ready to perform his part of contract. He accordingly prayed for a decree for specific performance of contract by way of executing a sale deed on receipt of balance consideration money.

(3.) During evidence O. P. plaintiff produced the Binanama dated 25th August, 2004 for making it as an exhibit. The present petitioner defendants filed an application under Section 33 of the Indian Stamp Act praying for impounding said agreement for sale as per law as it was executed only on a stamp paper of Rs.50/- and not on a stamp paper as prescribed in the law. The O. P. plaintiff filed a written objection. After contested hearing learned trial court rejected said petition under Section 33 of the Indian Stamp Act by the order impugned dated 15th of December, 2010. Hence is this revisional application.