SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is seeking quashing of the order dated 20.07.2010 (Annexure P -2), passed by the Commissioner, Hisar Division, Hisar -respondent No. 2, whereby he has set aside the order dated 09.12.2009 passed by the District Revenue Officer -cum -Collector, Fatehabad -respondent No. 3.

(2.) VIDE agreement to sell dated 07.03.2007, one Hem Raj son of Ditta Ram agreed to sell land measuring 149 Kanals 10 Marlas, situated at village Kunal, at the rate of Rs. 11 lac per acre in favour of Surender Singh (petitioner) son of Mota Singh, resident of village Bhuna. A sum of Rs. 45 lac was received as earnest money and date for registration of the sale deed was fixed as 22.06.2007. On the basis of the above agreement to sell, Surender Singh -petitioner got registered sale deed No. 874 -875 dated 14.06.2007 in favour of his wife Surinder Kaur for a sale consideration of Rs. 76,37,500/ -. Birkha Singh -respondent No. 4 made a complaint against Surender Singh -petitioner alleging that the actual deal was made for Rs. 2,05,56,250/ - and Surinder Singh has paid deficient stamp duty.

(3.) THE Collector gave a notice of this complaint, wherein complainant Birkha Singh and Randhir Singh gave their affidavits as Ex. PW -1/A and Ex. PW -2/A. Surender Kaur gave her affidavit as Ex. D -1, whereas Narayan Singh, Nambardar and Hem Raj, vendor, gave their affidavits as Ex. D -2 and Ex. D -3 respectively.