H.G. RAMESH, J.

How to determine the correct stamp duty payable on documents? This is the short question that requires to be examined in this case.

2. This writ petition is by a plaintiff and is directed against an interlocutory order dated 29.08.2013 passed by the trial Court, whereby it has impounded an agreement of sale dated 25.11.2003 and has directed the petitioner-plaintiff to pay a deficit stamp duty of Rs.31,800/- and a penalty of Rs.3,18,000/- on the said agreement.

3. I have heard learned counsel appearing for the petitioner and respondent No.1 and perused the record.

4. The question for consideration in this petition is as to whether the aforesaid agreement of sale dated 25.11.2003 was chargeable with stamp duty as per Article 5(e)(i) of the Schedule to the Karnataka Stamp Act, 1957 (‘the Act’ for short) as it stood on the date of the agreement of sale i.e. 25.11.2003; Article 5(e) as on that date was as follows:

“5. Agreement or its records or Memorandum of an agreement,-
(a) ………………………………………….. ………………………………………………
(e) If relating to sale of