BHAWANA Vs. CHANDMAL

JUDGEMENT

(1.) THIS writ petition is directed against order dated 18.10.13 passed by the Additional District Judge No. 2, Bhilwara in Civil Suit No. 39/11, whereby an application preferred by the petitioners -defendants under Order XXXXVII Rule 1 CPC seeking review of order dated 18.9.12 rejecting the objection of the petitioners regarding admissibility in evidence of a document i.e. an agreement to sell dated 4.7.09, stands dismissed.

(2.) THE relevant facts are that the respondent -plaintiff preferred a suit for recovery of a sum of Rs. 2,70,000/ - with the averments that he had purchased the khatedari land of the petitioners -defendants comprising khasra No. 580 ad measuring 3 bighas 2 biswas situated in village -Purohito Ka Khera, Patwar Halka Uma Ji Ka Khera, Tehsil -Bijoliya, District -Bhilwara vide agreement to sell dated 4.7.09. It is averred that a sum of Rs. 1 lac was paid to the petitioners -defendants at the time of execution of the agreement to sell on 4.7.09 and thereafter, a sum of Rs. 1,05,000/ - was paid on 28.9.09, towards the consideration for sale. Since the petitioners herein failed to execute the sale deed, the respondent -plaintiff preferred the suit for recovery of an amount of Rs. 2,05,000/ - alongwith interest quantified at Rs. 65,400/ -. The suit is being contested by the petitioners by filing a written statement thereto.

(3.) THE petitioners -defendants preferred a petition seeking review of the order dated 18.9.12 relying upon a decision of the Hon'ble Supreme Court in the matter of 'Avinash Kumar Chauhan v. Vijay Krishna Mishra', : 2009 DNJ SC, 364. The review application stands dismissed by the court below observing that the provision incorporated in Article 5(bb) of the Schedule attached to Rajasthan Stamp Act, 1998 (for short "the Act") are attracted only when the suit for specific performance of the contract is filed on the basis of the agreement to sell. The court observed that for the purpose of the suit filed, the agreement to sell falls within the purview of Article 5(c) of the Schedule attached to the Act and therefore, the stamp duty of Rs. 100/ - paid is sufficient.