JUDGMENT - A.D. MANE. J.:---On 21-6-1993 the plaintiff filed the suit for specific performance of the contract for sale of the land. The petitioner-plaintiff has averred that the defendant under the agreement of sale dated 25-2-1990 agreed to sell the suit land for a consideration of Rs. 48,000. That agreement of sale has been reduced to writing on a stamp paper of Rs. 10/-. The plaintiff produced the said document alongwith the plaint. The learned trial Judge, however, on perusing the document purported to be agreement of sale suo motu raised an objection that in view of Explanation to Article 25 of the Bombay Stamp Act the plaintiff was required to pay deficit stamp with penalty of 10% thereon. This civil revision application is, therefore, directed against the said order passed on 13-10-1993 by the learned trial Judge.

2. It may be stated that the learned trial Judge has totally misread the provision of Article 25 of the Bombay Stamp Act, 1958. Article 25 applies only in a case where property is transferred to any person. The explanation to Article 25 and the proviso thereto also presupposes that the property must be transferred in accordance with law. It is elementary that sale

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