LAWS(P&H)-2023-1-120

HIRA LAL Vs. SATNAM SINGH

Decided On January 06, 2023
HIRA LAL Appellant
V/S
SATNAM SINGH Respondents

JUDGEMENT

(1.) Application is allowed, as prayed for. CR-39-2023

(2.) The present petition has been filed challenging the order dtd. 6/12/2022 (Annexure :P-1) passed by Civil Judge (Jr. Divn.), Amritsar by which the application filed by the petitioner (since deceased) so as to make up the deficiency in the stamp duty with regard to the agreement to sell dtd. 20/12/2012 (Annexure P-8), which is being relied by the respondentplaintiff, has been rejected.

(3.) Learned counsel appearing on behalf of the petitioners submits that the respondent-plaintiff, Satnam Singh had filed a civil suit for specific performance qua the agreement to sell dtd. 20/10/2012 (Annexure P-8) with regard to the property bearing House No. 963-9 having the area measuring 50 sq. yards approximately. Learned counsel submits that the said agreement to sell for which the sufficient stamp duty has not been paid, cannot be taken into account and, therefore, till the stamp duty is sufficiently made good by the respondent-plaintiff, the proceedings qua the civil suit filed by the respondent-plaintiff be not undertaken.