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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Lalitha Kanneganti
Suresha, S/o Sri. Kalegowda – Appellant
Versus
Gayatri. H.M., W/o Sri Srinivas M.H. – Respondent
ORDER :
Lalitha Kanneganti, J.
Aggrieved by the order passed in I.A.No.XV in O.S.No.153/2017 dated 27.06.2019 by the Civil Judge and JMFC, Holenarasipura, the petitioner/plaintiff is before this Court.
2. The plaintiff had filed O.S.No.153/2017 on the file of the Civil Judge and JMFC, Holenarasipura, seeking a decree of specific performance of contract dated 10.11.2014 by directing the defendants to execute registered sale deed in favour of the plaintiff in respect of the suit schedule property by receiving the balance sale consideration amount of Rs.1,00,000/-. In the plaint, it is contended that the mother of the defendants was the sole owner of the property and an Agreement of Sale dated 10.11.2014 was executed between the plaintiff and the mother of the defendants wherein the 2nd defendant is one of the signatory as witness to the document which has been registered before the Sub-Registrar office at Holenarasipura. The sale consideration mentioned in the agreement is Rs.2,00,000/- out of which an amount of Rs.1,00,000/- was paid by way of Cheque No.156481. Thereafter, the mother of the defendants passed away and when the plaintiff had requested the defendants to execute the Sale D
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
Under the Indian Stamp Act, once a document is found to be insufficiently stamped, the court is duty-bound to impound the document and send it to the Collector for proper assessment and payment of th....
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
The court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
The court confirmed that a document evidencing possession transfers its status from an agreement to a conveyance, thus imposing requisite stamp duty as per statutory provisions.
Deficient stamp duty – Non-payment of stamp duty is a curable defect – Inadmissibility of insufficiently stamped instruments and impounding thereof, is a statutory mandate.
Documents must be duly stamped to be admissible in evidence; the court has the authority to impound insufficiently stamped documents under the Karnataka Stamp Act.
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