BHANWARLAL Vs. TEJMAL

JUDGEMENT

(1.) This revision petition has been filed against the order of the Civil Judge, Barmer dt. Dec. 1, 1986 by which he was held that the sale deed dated April 14, 1980 executed by the petitioner Bhanwarlal in favour of the non-petitioner Babulal on Stamp papers of total value of Rs. 394/- is not duly stamped and has impounded it u/s. 38, Stamp Act. The facts of the case giving rise to this revision petitions may be summarized thus.

(2.) The plaintiff-non-petitioner No. 1 has filed Suit No. 17/82 for declaration and possession in the Court of the Civil Judge, Barmer against the petitioner Bhanwarlal and other non-petitioners. The said sale deed was tendered in evidence during the statement of defendant-petitioner Bhanwarlal D.W.1. Application Paper No. B54/1 was moved by the plaintiff non-petitioner Tejmal that the stamps of the sale deed have been purchased on different dates, they bear different numbers, they have not been used within six months of their purchase and as such the sale deed is not duly stamped. It has been prayed that the sale deed be impounded and requisite stamp duty and penalty be realised before taking it in evidence. After hearing the learned counsel for the parties, the learned trial court passed the impugned order.

(3.) It has been contended by the learned counsel for the defendant petitioner that the said sale deed cannot be treated as not duly stamped and the learned trial Court has seriously erred in holding that the stamps of Rs. 384/- were purchased on different dates. He further contended that the stamps of requisite value are affixed and there is no breach of any provisions of the Rajasthan Stamp Rules, 1955 (hereinafter to be called as 'the Rules'). He relied upon (1888) ILR 11 Mad 377 and Queen Empress v. Trailakys Nath Baral, (1891) ILR 18 Cal 39.