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2014 Supreme(Kar) 255

N.KUMAR
Ahmed Bawa – Appellant
Versus
M. S. Lalitha – Respondent


ORDER

1. This is a plaintiff’s writ petition challenging the order passed by the Trial Court allowing the application filed by the defendant and impounding the document i.e. agreement of sale, which is insufficiently stamped.

2. The plaintiff has filed a suit for specific performance of the agreement of sale. Defendant is contesting the matter. Issues are framed. When the case is posted for plaintiff’s evidence, plaintiff has filed his affidavit by way of examination-in-chief. The plaintiff is tendering the suit agreement. It is yet to be marked. At that stage, the defendant filed an application bringing to the notice of the Court that the agreement of sale is not duly stamped. The plaintiff filed his objections. After hearing both the parties, the Trial Court has held that the instrument is not duly stamped and hence the plaintiff is liable to pay deficit stamp duty of Rs.19,800/and ten times penalty on the said amount. Aggrieved by the said order, the present writ petition is filed.

3. The learned counsel appearing for the petitioner assailing the impugned order contends that the stage for impounding the document is not reached. Therefore, the Court committed a serious error in p


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