SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(SC) 1881

S.B.SINHA, CYRIAC JOSEPH
Avinash Kumar Chauhan – Appellant
Versus
Vijay Krishna Mishra – Respondent


Advocates appeared:
For the Appellant :A.K. Bajpai, M.F. Khan, Goodwill Indeevar, Advocates.
For the Respondent:Suhail Dutt, Ram Gupta, Jagjit Singh Chhavra, Ravin Rao, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Interpretation of Sections 33 and 35 of the Indian Stamp Act 1899 (for short ‘the Act’) calls for our consideration in this appeal which arises out of a judgment and order dated 27th February, 2007 passed by a learned Single Judge of the High Court of Chattisgarh at Bilaspur dismissing a petition filed by the appellant herein under Article 227 of the Constitution of India against the orders dated 14th November, 2006 and 9th January, 2007 passed in Civil Suit No.1-B/2006 by the Additional District Judge, Gariaband, Raipur.

3. The undisputed fact of the matter is that the respondent herein, who is said to be a member of the Scheduled Tribe intended to transfer a house and land admeasuring 10150 sq. ft. situated at Village Gariyaband, District Raipur. A sum of Rs.2,70,000/- fixed by way of consideration towards the aforementioned transfer was paid to the respondent by the appellant. Possession of the said property had also been delivered.

4. Indisputably for the purpose of effecting transfer of the said land, permission of the Collector was required to be obtained in terms of Section 165 (6) of the C.G. Land Revenue Code, 1959, which was















































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top