Honble MATHUR, J.–Leave granted.

(2). This appeal is directed against the judgment dated 23.11.2005 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in SBCWP No. 133/1997 and DBCSA No. 427/2002 whereby the division bench has affirmed the order of the learned Single Judge.

(3). Brief facts which are necessary for the disposal of this appeal are as under:

The S.B. Civil writ petition No. 133/97 was filed by M/s Khandaka Jain Jewellers, petitioner (respondent herein) in the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur who prayed that a direction may be issued to the respondent Nos. 2&3 to register the sale deeds sent by the Court of additional district Judge No. 1, Jaipur city in execution application No. 15/94 and 16/94 and to send back the same to the Court immediately after registration. It was also prayed that the respondents may be directed to register the sale deeds on the stamps on which it is executed by the executing court and not to charge more stamp duty from respondent (herein). It was further prayed to quash and set aside the proceedings taken under Section 47A(2) of the Stamps Act, 1952 in case No. 442/95 and 443/95 on 4th March, 1997 for determination of the valuation of the sale deed for registration.

The respondent is a registered firm and it entered into two agreements for purchase of properties with Shri Prem Chand Ajmera, resident of 2148, Haldiyon Ka Rasta Jaipur by one agreement dated 20th October, 1983. The property was agreed to be purchased for a sum of Rs. 1,41,000/- out of which Rs. 20,000/- were paid at the time of the agreement. As the vendor failed to comply with the terms of the agreement, the respondent vendee filed a suit for specific performance of the contract in the Court of district Judge, Jaipur city which was later on transferred to the Court of additional district Judge No.1, Jaipur city under registration No. 216/86. The suit was decreed by the Judgment and decree dated 2nd February,1994. In pursuance of the said decree, the respondent firm deposited an amount of Rs. 1,21,000/- in the Court on 9th May, 1994. Since the vendor did not execute the sale deed, therefore, the respondent firm filed the execution application No. 16/90 before the Court of additional district Judge No. 1, Jaipur city.

In another agreement dated 20TH October, 1983 the vendor Premchand agreed to sell a portion of property for a sum of Rs. 50,000/- out of which Rs. 10,000/- was paid at the time of agreement. The respondent firm purchased the stamp papers and got the sale deed typed. In this case also the vendor failed to fulfill the condition of agreement and to execute the sale deed. Consequently, the respondent firm filed another suit for specific performance of the contract in the Court of district Judge, Jaipur city. It was also transferred to the court of additional district Judge No. 1, Jaipur city under registration No. 151/91. The suit was decreed vide judgment and decree dated 2nd February, 1994 and the respondent firm was directed to deposit the remaining amount of Rs. 40,000/- and the judgment debtor would execute the sale deed. If the judgment debtor fails to comply with the decree, the decree holder would be entitled to get the sale deed registered and to get the possession. In compliance of the judgment and decree passed by the Court, the respondent firm deposited an amount of Rs. 40,000/- in the court but the judgment debtor did not execute the sale deed. The execution application No. 15/94 was filed before the Court of additional district Judge No. 1, Jaipur city. Both these applications No. 15/94 and 16/94 were taken up by the executing court and the respondent firm was directed to submit the stamp papers for the execution of the two sale deeds. The stamp papers for a sum of Rs.14,100/- and Rs. 5,000/- for execution of the sale deeds in respect of properties purchased for a sum of Rs. 1,41,000/- and Rs. 50,000/- respectively, were submitted b

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