SHYORAJ Vs. ADJ MALPURA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-plaintiff challenging the order dated 17.4.2012 passed by the Addl. District Judge, Malpura, District Tonk (hereinafter referred to as 'the trial court') in Civil Suit No. 6/07, whereby the trial court has directed the petitioner-plaintiff to deposit the amount of Rs. 20,000/- by way of stamp duty and Rs. 2,00,000/- by way of penalty under the provisions contained in The Rajasthan Stamp Act, 1998 (hereinafter referred to as 'the said Act').

(2.) The short facts, giving rise to the present petition, are that the petitioner-plaintiff has filed the suit against the respondent Nos. 2 to 7 (defendants) seeking specific performance of the agreement dated 22.2.06 in respect of the suit property and also for permanent injunction. The said suit has been resisted by the respondents-defendants by filing the written statement. It appears that the trial court framed as many as five issues from the pleadings of the parties. From amongst the said issues, the issue No.3 was as to what would be the effect of the unregistered and not properly stamped agreement on the suit? From the copy of the order-sheet filed by the petitioner, it appears that the court had fixed the matter for hearing on the issue No.3 on 3.3.12, and on the said date after hearing the learned counsels for the parties, the trial court passed the order observing that the said agreement in question though unregistered, would be admissible in evidence. Thus the trial court decided the issue No.3 in favour of the plaintiff and against the defendants.

(3.) Being aggrieved by the said order dated 3.3.12, one of the respondents/defendants had preferred the revision petition being S.B. Civil Revision Petition No. 25/12 before this court. This court vide the order dated 2.4.12, partly allowed the said revision petition. This court confirmed the said order dated 3.3.12 to the extent of point of registration of agreement to sell and remanded the matter back to the trial court with a direction to consider and decide the point regarding insufficiency of stamp duty in accordance with law after giving proper opportunity to both the parties. The trial court after the remand of the matter, passed the impugned order dated 17.4.12 directing the petitioner-plaintiff to pay the stamp duty of Rs. 20,000/- and penalty of Rs. 2,00,000/- under the provisions contained in Section 39 of the said Act. Being aggrieved by the said order, the present petition has been filed by the petitioner-plaintiff under Article 227 of the Constitution of India.