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J. B. PARDIWALA, R. MAHADEVAN
Ramesh Mishrimal Jain – Appellant
Versus
Avinash Vishwanath Patne – Respondent
JUDGMENT
R. MAHADEVAN, J.
Leave granted.
2. The challenge made in this appeal is to the order dated 29.08.2019, by which the High Court of Judicature at Bombay [Hereinafter referred to as "the High Court"] dismissed Writ Petition No.3246 of 2016. As a consequence thereof, the order dated 03.08.2015 passed by the Court of Civil Judge (Senior Division), Ratnagiri [Hereinafter referred to as “the trial Court”], was upheld. The trial Court in its order dated 03.08.2015 had allowed the application filed by the respondents and impounded the document (Exhibit 30) i.e., agreement to sell dated 03.09.2003 in respect of the property comprising House No.78/B/8 (18 x 9 feet) and an adjoining room (9 x 3 feet) situated at Paiki Village Kasaba Khed, Khed Taluk, and directed the same to be sent to the Registrar of Stamps for recovery of deficit stamp duty and penalty on it, as per law.
3. The appellant, originally, preferred a suit being Special Civil Suit No.65 of 2012 before the Court of Civil Judge, Senior Division, Ratnagiri, for specific performance of the agreement to sell deed dated 03.09.2003 and other reliefs. Repudiating the same, the Respondent Nos.1 and 2 filed their written statement. Pe
Suit for Specific Performance – Liability to pay stamp duty – Stamp duty is on instrument and not on transaction – It is immaterial, whether possession of property has been handed over at the time of....
Stamp duty is on instrument and not on transaction – For several documents to form part of a single transaction, there must be a transaction in furtherance of which several other documents are execut....
An agreement to sell does not convert a tenant's possession into vendor-vendee relationship without express surrender, thus no additional stamp duty is required under the A.P. Stamp Act.
Agreements evidencing delivery of possession are liable for stamp duty as conveyances under the Stamp Act.
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
An agreement to sell evidencing delivery of possession is subject to the same stamp duty as a conveyance, and the imposition of a penalty for insufficient stamping is discretionary based on intent.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
Point of Law : Any agreement of sale which evidences delivery of possession by virtue of the said agreement of sale or any document which even records that delivery of possession had been done even b....
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