UNION TERRITORY OF CHANDIGARH Vs. KULDEEP KAUR

JUDGEMENT

(1.) Judgment debtor (JD) Union Territory of Chandigarh (U.T. Chandigarh) has filed this revision petition under Article 227 of the Constitution of India impugning order dated30.7.2013 passed by the executing court thereby dismissing with costs of Rs. 5000/- objections Annexure P/2 filed by JD-petitioner in execution petition which has been instituted by respondents/decree holders against the petitioner for execution of judgment and decree dated 28.5.2011 Annexure P/1.

(2.) Concluding paragraph no. 29 of the judgment Annexure P/1 is reproduced hereunder:-

(3.) Jd-Petitioner in its objections alleged that the decree based on family settlement created right, title and interest in the immoveable property in favour of respondent no. 1 for the first time and therefore, respondent no. 1 is liable to pay stamp duty and registration fee for registration of the decree before the same can be executed. It was pointed out that plea regarding payment of stamp duty and registration was not raised in the suit because occasion for the same arose only after the suit was decreed. Reliance has been placed on judgments in A.C. Lakshmipathy and another versus A.M. Chakrapani Reddiar and five others, 2001 AIR(Mad) 135 Bhoop Singh versus Ram Singh Major, 1996 112 PunLR 559 and CWP No. 22289 of 2010 titled Krishan Lal Vaid versus The Union Territory of Chandigarh, decided on 23.1.2012.