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ANIL KSHETARPAL
Sandeep Kumar – Appellant
Versus
Chandigarh Overseas Pvt. Ltd. – Respondent
JUDGMENT :
(Anil Kshetarpal, J.)
The petitioners herein have filed the suit for specific performance of the agreement to sell dated 21.07.2008. The agreement to sell evidences delivery of possession. As per the amendment applicable to the State of Punjab, such agreement is required to be stamped in accordance therewith. During the pendency of the suit, an application was filed by the plaintiffs to prepare him to make good the deficiency, which was allowed, on 12.05.2022. Accordingly, the deficiency in stamp duty was made good and the agreement to sell was admitted in evidence as Ex.P40. However, when the case was at the stage of final arguments, the court passed the impugned order directing the plaintiff to pay the deficient stamp duty alongwith a penalty equivalent to 10 times of the actual stamp duty.
2. The correctness of the aforesaid order has been challenged in this revision petition. Learned counsel representing the petitioners contends that once the document was admitted in evidence, Section 36 of the Indian STAMP ACT , 1899 (hereinafter referred to as 'the 1899 Act') bars the same court from doubting the correctness of the stamp duty once it has been admitted in evidence.
(1) Agreement to Sell – Suit for Specific Performance must be dismissed when it is based on an instrument that is legally inadmissible as evidence – Plaintiff cannot claim relief on the basis of a do....
The trial court must adhere to the provisions of the Indian Stamp Act and the Rajasthan Stamp Act regarding the impounding of inadequately stamped documents and cannot exceed its jurisdiction by addr....
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
The main legal point established in the judgment is the permissibility of amendments at any stage of the proceedings, the necessity of amendments for determining the real questions in controversy, an....
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