TILOKA RAM Vs. SHIVPRAKASH AND ANOTHER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant challenging the order dated 23.8.2007 passed by the learned trial court whereby his application filed under Order 47 Rule 1 CPC read with Section 151 CPC for reviewing order dated 22.3.2007 (Annex.5) was refused by the Court for the reasons recorded therein.

(2.) The order dated 22.3.2007 was passed by the learned trial court holding the document dated 12.1.2004 an agreement to sell to be admissible in evidence and the objections raised by the respondent regarding its admissibility based on the same being unregistered and insufficiently stamped were rejected. By the said order dated 22.3.2007, while the Court had expressly dealt with the issue relating to the admissibility of the said document for lack of registration, it has not dealt with the issue relating to the same being insufficiently stamped.

(3.) In the application filed by the petitioner, which resulted in passing of the order dated 22.3.2007, objections were raised by the petitioner that the document (Annex.2) dated 12.1.2004 would fall in the category of 'conveyance' in terms of explanation attached to Article 23 of the Second Schedule to the Rajasthan Stamp Law (Adaptation) Act, 1952 and therefore, the same was required to bear stamp duty in terms of the said article. The said document dated 12.1.2004 provides that the entire consideration of sale L 18 lacs. has been received by the vendor and the possession of the land in question has been handed-over and a prayer was made for impounding of the said document and sending the same to the competent authority for determination and recovery of stamp duty and penalty.