ABJER ALI MALLICK Vs. RAHIMA BIBI

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order impugned no. 24 dated 26th July, 2010 passed by the Ld. 2nd Civil Court (Junior Division), Serampore in Title Suit No. 118 of 2009.

(2.) The brief facts of the case are as follows:-

(3.) Upon hearing the parties by order dated 11th June, 2009 the Ld. Trial Court was pleased to restrain the defendants from transferring the 'A' & 'A-2' suit property till the 25th of June, 2009 with direction upon the defendants to show cause as to why the application for temporary injunction shall not be made absolute. However, on the next date of hearing an objection was raised on behalf of the defendants that the document being the agreement of sale relied upon by the petitioner/plaintiff was insufficiently stamped. The Ld. Trial Court upon consideration of such objection was pleased to record that the said agreement for sale was exhibited and made Exbt. 1 with objection and was referred to the Collector for valuation as provided under the Indian Stamp Act. The Ld. Trial Court further took the view that the plaintiff had accepted the reference to the Collector for valuation and was ready and willing to pay the deficit stamp duty as well as the penalty that may be imposed by the Collector.