PAWAN KR. KHAITAN Vs. SUNIL DUTTA @ CHRISTOPHER ZEORGE

JUDGEMENT

(1.) The order impugned is required to be tested on a proper consideration of the two agreements that are directed to be impounded in terms of the provisions of the Indian Stamp Act. The learned trial Judge on consideration of the two alleged agreements for sale dated 4th December, 2000 and 26th May, 2002 held that the second agreement is not a continuation of the first agreement and if both the agreements are required to be tendered in evidence, the said agreements cannot be admitted to evidence without each being adequately stamped in terms of the provisions of the Indian Stamp Act.

(2.) The learned trial Judge, accordingly, directed the plaintiffs to deposit stamp duty at the rate of 6 per cent over the total valuation as mentioned in the two agreements dated 4th December, 2000 and 26th May, 2002 along with maximum penalty which in this case would be a sum equal to ten times such duty or portion. Similar direction was given for payment of penalty ten times in respect of the money receipt.

(3.) In so far as the money receipt is concerned, the said issue was not seriously argued.