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2017 Supreme(Ker) 251

A.MUHAMED MUSTAQUE
RAJESH KHANNA – Appellant
Versus
DEEPU RAMAKRISHNAN – Respondent


Advocates Appeared:
For the Petitioners: SRI. S. SREEKUMAR & SRI. LEO GEORGE.
For the Respondent: SRI. V. VENUGOPALAN NAIR.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. In a suit for setting aside a sale deed showing consideration of Rs. 3,50,000/- the defendants contended that the total consideration paid by them is Rs. 67,00,000/-. The suit filed by the plaintiffs is numbered as O.S. No. 115/2010 on the file of the Additional Sub Judge, Kollam. The plaintiffs sued them based on the certified copy of the sale deed No. 1615/2008 of Eravipuram SRO. The plaintiffs filed an application as I.A. No. 2041/2015 in O.S. No. 115/2010 to impound the document. The said application has been allowed as per Ext.P10 order. The defendants challenge the above order in this original petition.

2. It is appropriate in this context to refer to Section 33 of the Kerala Stamp Act, 1959 which deals with the Examination and impounding of instruments. Section 33 of the Stamp Act reads as follows:

"33. Examination and impounding of instruments:-

(1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an Officer of Police, before whom any instrument, chargeable in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appe






















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