IQBAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed assailing the judgement dated 5.5.2009 passed by learned single Judge in CWP No. 5644 of 2009 remitting the matter to the Collector, Jalandhar for a fresh decision in accordance with law to determine the market value of the subject land on the date of registration of the sale deed i.e. 5.11.2008, and accordingly, to fix the petitioner's liability pertaining to the additional stamp duty.

(2.) The short question involved in this appeal is as to whether stamp duty is payable on the date of execution/registration of the sale deed as per the market value of the land as fixed by the Collector for the area or shall be payable on the basis of sale consideration fixed in the agreement and in decree of specific performance passed by civil Court?

(3.) Brief facts of the present case are that on 5.5.1970, an agreement to sell was executed for a sum of Rs. 80,000/- for the land described in the aforesaid agreement. The agreement was renewed on 20.11.1995. However, when the vender failed to perform his part of the agreement by executing sale deed in favour of the petitioner, the petitioner filed a suit for specific performance in the civil Court at Jalandhar, which was decreed on 3.12.2001. For the execution of the decree passed by the civil Court dated 3.12.2001, sale deed was registered on 5.11.2008. The Collector exercising the powers under Section 47-A of the Indian Stamp Act determined the market value of the property subject-matter of the sale deed at the time of registration of the instrument. Order of the Collector was confirmed by the Commissioner vide order dated 28.1.2009.