PARBHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) BRIEF facts leading to the filing of the present petition are introduced hereinbelow :

(2.) THE petitioner entered into an agreement to sell, with one Ranbir Singh son of Sahi Ram for the purchase of land measuring 6 Kanals 19 marlas for a sale consideration of Rs. 68,000/- on 3-2-1994. In accordance with the agreemental - stipulation, sale deed was to be executed on 22-2-1995. It is alleged that the vendor became dishonest and refused to execute the sale deed in accordance with the agreement. After serving a legal notice petitioner filed a civil suit for specific performance of the agreement in the court of Civil Judge at Fatehabad. Suit was decreed on 22-9-1998 in favour of the petitioner. Decree was put to execution. Execution proceedings continued and finally under the orders of the Executing Court Local Commission was appointed for execution / registration of the sale deed. A sale deed was finally executed on 5-8-2008 with the Sub-Registrar concerned. At the time of execution of the sale deed stamp duty was paid on the value as stipulated in the agreement to sell and in the decree passed by the court. Registering Authority on registration of the document made a reference to respondent No. 1, the Collector, Fatehabad saying that deficient stamp duty has been paid on the document. It was recommended that the petitioner is liable to pay the stamp duty at Collector rate prevalent on the date of the registration of the document.

(3.) AGGRIEVED by the order of Collector, petitioner preferred an appeal before respondent No. 2. This appeal stands dismissed vide order dated 21-4-2009. This petition has been filed challenging orders passed by the Collector (Annexure P.2) dated 5-8-2008 and that of the Appellate Authority (Annexure P.3) dated 21-4-2009.