K.SUMATHI SUMATHAMMA Vs. SAROJINI

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/defendant No.2, challenging the order, dated 18.07.2019, passed in I.A.No.851 of 2019 in O.S.No.551 of 2006, by the Principal District Judge, Ranga Reddy District at L.B.Nagar, wherein, the application filed by the revision petitioner/defendant No.2, under Section 151 of CPC, to send the two documents returned by the District Registrar, Ranga Reddy district, to follow one of the two courses in clause (a) and (b) of Section 40 of Stamp Act, for fixing the quantum of stamp duty and penalty payable on said document as per direction of the Hon'ble High Court, was partly allowed directing the District Court Section, to assess the stamp duty and penalty payable on the document dated 23.03.1996 and dismissed the relief sought to send the document, dated 04.11.1981, to the District Registrar, Ranga Reddy District, for assessment of stamp duty and penalty.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the revision petitioner/defendant No.2 would contend that the Court below had gone beyond the order dated 19.01.2018 passed in C.R.P.No.4664 of 2017 by this Court. Both the subject documents shall be impounded under Section 33 of the Indian Stamp Act, 1899 and further they are required to be forwarded to the Collector for that purpose. The Court below is not correct in directing the District Court Section to assess the stamp duty and penalty payable on document dated 23.03.1996, since the District Court Section is not competent to do so. The authority concerned has to collect the stamp duty and penalty in terms of Section 40 of the Stamp Act, 1899, as directed by this Court. The document 'Ikrarnama' dated 04.11.1981 pertains to (e) and (f) of the plaint schedule land, wherein survey numbers are mentioned. Therefore, the District Registrar ought to have determined the stamp duty and penalty and ultimately prayed to set aside the impugned order and allow the Civil Revision Petition as prayed for.