P. SUSHIL RAMCHANDER Vs. KAKATIYA PROJECTS

JUDGEMENT

(1.) This Revision is directed against the order dtd. 12/9/2019 in I.A.No.436 of 2019 in I.A.No.23 of 2017 in C.O.S.No.1 of 2017 on the file of the Judge, Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad whereby the first defendant sought for impounding the suit agreement on the ground that the District Registrar had improperly assessed and collected the deficit stamp duty and penalty under an act of fraud, misrepresentation and bribery.

(2.) (a) The relevant facts in brief are that the respondent/plaintiff filed the suit for specific performance of agreement of sale dtd. 24/10/2008. At the instance of the respondent/first defendant videI.A.No.23 of 2017, the suit agreement was forwarded to the District Registrar of Stamps, Hyderabad for impounding and collection of deficit stamp duty and penalty in I.A.No.23 of 2017.

(3.) The first respondent/plaintiff in counter disputed the maintainability of the petition as the deficit stamp duty and penalty was already collected by the District Registrar. Additionally pleaded that erroneous fixation of the stamp duty in the first instance was queried, on that the competent authority after due hearing and considering the aspects that only 5800 square feet out of total extent on different floors was given in possession but the same was not in direct nexus with the suit agreement, adjudicated the stamp duty and penalty. Howsoever, the petitioner/first defendant has no locus standi or any role in the process. Thus, the petition itself is misconceived and prayed for dismissal.