DILAWAR SINGH Vs. AMANDEEP SINGH

JUDGEMENT

(1.) Instant revision petition has been filed for setting aside the order dated 05.08.2015 passed by learned Additional Civil Judge (Sr. Divn.), Khadoor Sahib whereby the petitioner -plaintiff has been directed to make the deficiency of stamp fee good as per the new amendment in the Indian Stamp Act, 1899 (for brevity, 'Stamp Act').

(2.) In brief, the facts relevant for disposal of this revision are to the effect that the petitioner -plaintiff filed a suit for specific performance on the basis of agreement to sell dated 19.10.2010 in respect of land measuring 16 kanals 09 marlas situated in the revenue estate of village Goindwal Sahib or in the alternative for recovery of Rs. 22,00,000/ - and suit for permanent injunction restraining the defendant from dispossessing the plaintiff from his peaceful possession. When the suit was in progress, it transpired that agreement to sell dated 19.10.2010 has been written on stamp paper of Rs. 300/ - whereas as per amended schedule of the Stamp Act w.e.f. 03.09.2009, an agreement to sell is required to be executed on a stamp paper of Rs. 2000/ -. For that purpose, the plaintiff moved an application under Sec. 35 of the Stamp Act, 1877 that he is ready to pay the deficient stamp duty and also the penalty as per the provisions of the Stamp Act so that the same may be admitted in evidence. The defendant filed reply to the said application with the averments that possession of the suit land has been delivered by respondent -defendant (vendor) to the petitioner -plaintiff, therefore, the agreement to sell has become conveyance deed. It should be stamped like a conveyance deed and the stamp duty is required to be affixed on the total consideration of Rs. 38,24,625/ -.

(3.) After considering the pleadings and arguments of learned counsel for the parties, the trial court came to the conclusion that agreement to sell has been reduced in writing and possession has been given to the purchaser, therefore, the stamp duty will be paid like the conveyance deed as per the amended provisions and reliance has been placed upon Avinash Kumar Chauhan Vs. Vijay krishna Mishra : 2009 (1) RCR (Civil). Hence, this revision.