MANOJ DASOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order dated 3-2-2012 passed by the Additional Collector (Stamps) Jaipur on the ground that the order has been passed on the date of registration of the case itself without issuing any notice or giving an opportunity of hearing to him.

(2.) THE facts of the case are that the petitioner as a vendee entered into an agreement to sell on or about 3-4-2008 with Om Prakash Sharma, the vendor who agreed to sell his property i.e. Plot No.128, Indra Colony, Bani Park Jaipur to the petitioner vendee for a sum of Rs.27 lacs, out of which the petitioner paid Rs.2 lacs as advance, and balance amount was to be paid by him to the vendor at the time of registration of agreement. A dispute however between the vendor and vendee owing to the vendor's disinclination to honour the agreement to sell and execute a sale deed in favour of the petitioner arose. THEreupon the petitioner filed a suit No.27/2009, Manoj Dasot Vs. Om Prakash in the court of Additional District Judge No.9, Jaipur Metropolitan City, Jaipur for specific performance of the agreement to sell dated 3-4-2008.

(3.) HEARD learned counsel for the parties, and perused the material available on record as also the impugned order dated 3-2-2012 passed by the Additional Collector (Stamps) Jaipur.