CHANAN RAM Vs. HARYANA STATE

JUDGEMENT

(1.) This is plaintiff's second appeal against the judgment and decree of the lower Appellate Court dated July 16, 1976, whereby the plaintiff's first appeal against the dismissal of his suit by the trial Court was disallowed.

(2.) The facts of this case are not disputed. The plaintiff is a member and share-holder of the Haryana Hand Made Paper Chemical and General Works, Production-cum-sale, Industrial Co-operative Society Limited, Mandi Dabwali (hereinafter called the Society). He executed a registered sale deed (Exhibit D. 1) dated June 14, 1962 in respect of some land in favour of the Society. The sale deed was executed on an unstamped paper and no registration fee was paid. This instrument was produced in evidence in the Court of Sub Judge, Sirsa. The Court impounded the document and sent it to the Collector holding that it was required to be executed on stamped paper and the registration fee was payable thereon. The Collector, Hissar, vide an order dated January 11, 1967 (Exhibit P. 1) ordered recovery of Rs. 15, 780/- as stamp-duty, Rs. 100/- as penalty and Rs. 352.05 Paise as registration fee from the Society. Subsequently, the Society went into liquidation. The Collector, Hissar, initiated proceedings for recovery of the aforesaid stamp-duty, penalty and registration fee from the plaintiff as a member of the Society. Aggrieved thereby the plaintiff brought the instant suit for permanent injunction restraining the defendant Haryana State from realising the said amount from him.

(3.) The suit was contested by the defendant-respondent. The trial Court holding the plaintiff liable to pay the aforesaid amount to the State, as member and share-holder of the Society, dismissed the suit. The plaintiff's first appeal against the judgment and decree of the trial Court also failed and, as mentioned earlier, it was dismissed by the Senior Sub Judge, Hissar.