RANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition that has been filed seeking issuance of a writ in the nature of certiorari for quashing order dtd. 12/9/2013 (Annexure P-19) passed by respondent No.2, who has upheld the order dtd. 6/1/2010 (Annexure P-15) passed by respondent No.3, vide which, the petitioner herein has been directed to pay deficit court fee along with registration charges on the total sale consideration of Rs.14,51,700.00 on sale deed dtd. 28/2/2008.

(2.) In brief, the facts are that on 23/1/2008, petitioner herein entered into an agreement to sell his house for a total sale consideration of Rs.7,25,000.00 with respondent No.7. The sale deed was registered on 28/2/2008 and possession was delivered to respondent No.7, who became owner in possession of the house. There was a family dispute, which resulted in various cases being filed against the petitioner and respondent No.7. One of the complaints made was that the petitioner herein had evaded the payment of stamp duty. Based on the complaints, notices were issued to the petitioner, who filed a detailed reply stating that she was not liable to pay the said stamp duty. The Collector, Ferozepur, while relying upon the report of the Sub-Divisional Magistrate, Abohar, who inspected the spot, came to the conclusion vide order dtd. 6/1/2010, that deficiency of court fee on sale consideration of Rs.14,51,700.00 on sale deed dtd. 28/2/2008, ought to be paid. This order was challenged before the Commissioner, Ferozepur Division, Ferozepur, who affirmed the said order by order dtd. 12/9/2013. Aggrieved against the impugned orders, the instant writ petition has been filed.

(3.) Learned counsel for the petitioner herein would contend that petitioner Ranjit Kaur is the vendor, as would be evident from agreement to sell, wherein, it was clearly specified that the entire expenditure shall be borne by the vendee namely Vinod Kumar as well as condition-8 of the sale deed, wherein, it is specified that expenditure on the sale deed has been borne by vendee.