Judgment

Mr. Anil Kshetarpal, J.

The prayer for impounding the agreement to sell on the ground that it is not sufficiently stamped, has been kept open by the trial court. The correctness of the aforesaid order is challenged by the petitioner/defendant by filing the revision petition.

2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. In 2001, the State of Punjab amended the Indian Stamp Act, 1899. By the said amendment, the agreement to sell evidencing the delivery of possession was included in the definition of the conveyance deed and by amending entry no.23 of the Schedule, the stamp duty was made payable thereon. In substance, the liability to pay the stamp duty was advanced from the date of registration of the sale deed to the date of execution of the agreement to sell. The liability to pay the stamp duty remains the same. Whatever stamp duty is paid at the time of the agreement to sell the same is liable to be adjusted towards the final stamp duty, that is payable at the time of registration. It is in that context that this Court has observed that the only stage of the payment of stamp duty to a certain exte