GODAVARI MERCANTILE PVT. LTD. Vs. RNR ENTERPRISE

JUDGEMENT

(1.) The challenge is made to several orders passed in Title Suit No. 148 of 2006 by the learned Civil Judge (Senior Division), Baruipur on the issue of ascertainment of market value of the property which is the subject matter of an agreement for Sale for which a relief for specific performance of agreement was sought in the suit.

(2.) Admittedly the agreement, which was executed by and between the parties in the year 2003, is unstamped and unregistered. Such agreement, if sought to be tendered in evidence, cannot be received unless the Court impounds it. Exactly what is required to be done had been done by the Trial Court when the witness tendered the said agreement and invited the Court to receive the same in evidence. The Court sent the document to the Additional District Sub-Registrar (ADSR), Sonarpur, South 24-Parganas, for ascertainment of the market value and the stamp duty which would be paid thereon so that the document can be received in evidence after impounding. The ADSR determined the market value and also indicated the stamp duty to be paid on the said instrument and sent the same to the Court.

(3.) By taking out an application under Section 151 of the Code of Civil Procedure on July 28, 2014, the petitioner raises an objection on determination of the market value and the stamp duty and prayed for direction upon the said ADSR to reconsider the valuation. The said application was moved on August 7, 2014 when the Court after recording findings dismissed the same. Simultaneously, on the basis of an application for adjournment filed by the plaintiff/petitioner, the Court extended the time for deposit of the penalty and impounding fees.