ORDER :

Learned AGA accepts notice and has been heard in this matter.

2. The petitioner who is the plaintiff before the trial court has called in question the correctness of the order passed on 02.03.2022, whereby the trial court has calculated the duty and penalty by recording a finding that the deficit stamp duty is Rs.53,700/- and that the penalty is 10 times and accordingly, found that the plaintiff is required to pay duty and penalty of Rs.5,90,700/-.

3. The learned counsel for the plaintiff submits that a reading of the document would make it clear that no possession is handed over under the agreement. If that were to be so, the calculation of duty and penalty in terms of Article 5 (e) (ii) of the Karnataka Stamp Act, 1957 would be upto a maximum of Rs.20,000/- but not less than Rs.500/-. Accordingly, it is submitted that the calculation of the trial court regarding duty and penalty is erroneous on the face of it.

4. Perused the impugned order.

5. Clearly the calculation of duty and penalty is on the premise that duty and penalty is to be calculated at 0.1% of the market value. As possession has not been delivered under the agreement, the same is apparently erroneous and not in te