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2019 Supreme(Kar) 808

B.VEERAPPA
Motwani Builders A Propriety Concern of Mr. Kanayo Khubchand Motwani – Appellant
Versus
Registrar Karnataka Appellate Tribunal M. S. Building – Respondent


Advocates Appeared:
Rajesh Chander Kumar, Adv., S.N. Dinesh Rao, Adv., S. Chandrashekaraiah, Adv.

JUDGMENT :

B. Veerappa, J.

These two writ petitions are filed by the owner and builder against the order dated 02.09.2014 made in Appeal Nos.20/2011 and 21/2011 by the Karnataka Appellate Tribunal, Bangalore, confirming the order dated 11.10.2010 made in No.SJR/HLS/46-A/01/2010-2011/234 passed by the District Registrar and Deputy Commissioner for Detection of Under Valuation of Stamps, Shivajinagar Registration District, Bangalore, directing the petitioners to pay the stamp duty and registration fee on Rs.1,69,40,000/-, within ninety days.

2. It is the case of the petitioners in both the writ petitions that the petitioner in W.P.No.48939/2014 is the owner of the land and petitioner in W.P.No.48938/2014 is the builder. Both have entered into a Joint Development Agreement on 13.02.1995 and modified the Joint Development Agreement, which also came to be executed on 22.03.2007. According to the Joint Development Agreements, the petitioners - owner and developer jointly executed a mortgage deed in favour of the New India Co-operative Bank Limited. The mortgage deed created charge on

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