RAJ KUMAR Vs. MANOJ KUMAR AND ORS.

JUDGEMENT

(1.) This writ petition has been preferred with the following prayers:

(2.) The present controversy has arisen out of a suit for specific performance of contract and permanent injunction which came to be filed by the respondent No.1 claiming that there is a pattasud land under the ownership of Late Shri Bhanwar Lal admeasuring 400 sq. yards along with two constructed shops and boundary wall and the same came to be purchased by the plaintiff for a consideration of Rs.6 lacs vide agreement to sale dated 14.03.2005. However, the execution of sale deed was denied by the defendant No.1- petitioner.

(3.) The bone of contention in the present petition is the application preferred by the respondent-plaintiff under Section 39 of the Rajasthan Registration (Stamps) Act while praying that the plaintiff is ready to pay the stamp duty towards the said agreement to sale, with the further prayer that the said agreement to sale dated 14.03.2015 may be taken on record.