STATE OF HIMACHAL PRADESH Vs. RAMESH CHAND

JUDGEMENT

(1.) The present Regular Second Appeal under Sec. 100 of the Code of Civil Procedure is maintained by the State of Himachal Pradesh, appellant/defendant (hereinafter called defendant) against the plaintiff/respondent (hereinafter called plaintiff) assailing the concurrent findings of the learned Courts below.

(2.) The plaintiff/respondent (hereinafter called plaintiff) maintained a suit for Permanent Prohibitory Injunction against the defendant/appellant/State of Himachal Pradesh (hereinafter called defendant) restraining the appellant from recovering the amount of Rs. 12,444.00 non judicial stamp fee and Rs. 180.00 registration fee as deficiency of fee for sale deed No. 311 dated 24.6.1991 registered by the Sub Registrar, Nadaun, District Hamirpur.

(3.) As per the respondent, he purchased land comprised in khata No. 3 min, khatauni No. 3 min, khasra No. 44, 56, 59, 65, 71, 173, 192, 200, 205, 220, 251 kita 11 measuring 28 kanals 9 marlas and khara No. 5, khatauni No. 5, khasra No. 58, measuring 12 marlas to the extent of ⅓ share measuring 4 marlas, khata No. 7, khatauni No. 7, khatauni No. 7, khasra No. 52, measuring 6 marlas to the extent of ⅙ share measuring 1 marla, khara No. 8, khatauni No. 8, khasra No.70, measuring 6 kanals 19 marlas to the extent of ¼ share measuring 1 kanal 13 marlas, total land measuring 30 kanals 7 marlas situated in Tika Kahi-Di-Balh, Tappa Jassai, Tehsil Nadaun, District Hamipur, for a consideration of Rs. 41,000.00 and registered sale deed No. 311 dated 24.6.1991 before Sub Registrar, Nadaun. It is averred that non-judicial stamp fee amounting to Rs. 4920.00 was affixed and registration fee amounting to Rs. 822.00 was also paid. It is further averred by the plaintiff that audit was conducted by the audit party in the office of Sub Registrar, Nadaun, which pointed out deficiency of Rs. 15,900.00 in the payment of non-judicial stamp fee and Rs. 180.00 as registration fee on the aforesaid registered document dated 24.6.1991.