RAMESH CHAND Vs. DEVI LAL & ORS

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 17th August, 2012 passed by the Civil Judge (Junior Division) Karauli(hereinafter referred to as 'the Trial Court') in Civil Suit No.14/2006, whereby the Trial Court has impounded the documents produced by the petitioner at Ex. Nos.2 and 3 on the ground that the document Ex.2 was not duly stamped under the provisions contained in the Rajasthan Stamp Act, 1998 (hereinafter referred to as 'the said Act').

(2.) The only submission raised by learned Senior Counsel Mr. J.P.Goyal assisted by Mr. Abhi Goyal for the petitioner is that the petitioner is ready and willing to pay the requisite stamp duty as well as the penalty under the said Act, however, the Trial Court has erred in describing the document inquestion as the sale deed though the said document was an agreement to sell.

(3.) However, the learned counsel Mr. Mukesh Kumar Goyal for the respondents has relied upon the decision of this Court in case of Pratap Chand vs. Jethmal & Ors., 2010 WLC(Raj) UC to submit that it is the Collector to decide the matter of stamp duty sent to it by the Court after impounding of such document and thereafter to determine the requisite stamp duty to be paid by the petitioner.