STATE OF RAJASTHAN Vs. SUMER CHAND

JUDGEMENT

(1.) THIS revision petition under Section 115, C.P.C. is directed against the appellate order dated July 18, 1980 of the District Judge, Jalore, passed under Section 47A(3) of the Stamp Act as inserted in Rajasthan.

(2.) NON -petitioner No. 1 Nemichand sold his house in Bhinmal to non -petitioner No. 1 Sumerchand alias Nenaji in the year 1970. The sale deed was presented for registration on October 9, 1970 before the Tehsildar. It was recited in the sale -deed that the house his been sold for Rs. 18,000/ -. One Gajraj filed a complaint supported by his affidavit before the Tehsildar stating that the house has been sold by non -petitioner No. 2 Nemichand to non -petitioner No. 1 Sumerchand alias Nenaji for Rs. 35,000/ - and not Rs. 18,000/ -. The Sale -deed was registered by the Tehsildar and he sent it to determine the consideration and to assess and recover the duty in conformity with such determination. The Collector, Jalore, by his order dated March 31, 1979, directed that the stamp duty and registration fees be recovered from the party liable to pay the same in accordance with Rs. 35,000/ - which have been determined by him and, thereafter, the document may be delivered. An op seal under Section 47A(3) of the aforesaid Act was filed and the learned District Judge, Jalore, by his order dated July 18, 1981, accepted the appeal and set aside the order of the Collector, Jalore.

(3.) AGGRIEVED , the State of Rajasthan has filed this revision petition.