SANDEEP KUMAR Vs. CHANDIGARH OVERSEAS PVT. LTD

JUDGEMENT

(1.) The petitioners herein have filed the suit for specific performance of the agreement to sell dtd. 21/7/2008. The agreement to sell evidences delivery of possession. As per the amendment applicable to the State of Punjab, such agreement is required to be stamped in accordance therewith. During the pendency of the suit, an application was filed by the plaintiffs to prepare him to make good the deficiency, which was allowed, on 12/5/2022. Accordingly, the deficiency in stamp duty was made good and the agreement to sell was admitted in evidence as Ex.P-40. However, when the case was at the stage of final arguments, the court passed the impugned order directing the plaintiff to pay the deficient stamp duty alongwith a penalty equivalent to 10 times of the actual stamp duty.

(2.) The correctness of the aforesaid order has been challenged in this revision petition. Learned counsel representing the petitioners contends that once the document was admitted in evidence, Sec. 36 of the Indian Stamp Act, 1899 (hereinafter referred to as 'the 1899 Act') bars the same court from doubting the correctness of the stamp duty once it has been admitted in evidence. He submits that the plaintiff voluntarily filed application to make good the stamp duty which was allowed vide order dtd. 12/5/2022. Hence, the impugned order is not sustainable.

(3.) On the other hand, learned counsel representing respondent no.4 submits that the High Court should not interfere with the impugned order.