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1988 Supreme(Ker) 449

BALAKRISHNAN
VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The revision-petitioner filed a suit for injunction against respondents 2 and 3. The suit related to the building which was under the occupation of the revision-petitioner as a tenant. At the time of presentation of the plaint, the plaintiff produced a rent-deed. The chief ministerial officer of the Munsiff's court noticed that the rent-deed was not properly stamped and a sum of Rs. 41,217/- was payable as stamp duty and penalty. The learned Munsiff thereafter made an endorsement on the document: "pay stamp duty and penalty." The suit was not pressed and the same was dismissed on 2-7-1984. The plaintiff filed an application for the return of the document. However, the document was not returned and the same was impounded by the learned Munsiff OB 3-8-1984. The application to return the document was dismissed. Plaintiff filed I. A. No. 1943 of 1984 to review the order passed by the court impounding the document.

2. The short question that arises for consideration is whether the order of the learned Munsiff impounding the document on 3-8-1984 was correct. The learned counsel for the revision-petitioner Shri S. Ananthasubramanian contended that the court had become functu
















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