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AMARJOT BHATTI
Alla Singh Since Deceased Through Lrs – Appellant
Versus
Avinash Kaur – Respondent
JUDGMENT
Amarjot Bhatti, J. (Oral)
The petitioner - Alla Singh now represented through legal heir through its Special Power of Attorney Holder filed civil revision against impugned order dated 19.10.2021, Annexure P-1, passed in appeal No.63 of 2016 titled as Avinash Kaur v. Alla Singh and another, passed by learned Additional District Judge, Sangrur whereby the application filed by the petitioner directing the respondent No.1/plaintiff/appellant to pay deficient stamp duty along with penalty pertaining to agreement to sell dated 04.03.2005, has been dismissed.
2. Learned counsel for the petitioner argued that the plaintiff/respondent No.1 Avinash Kaur filed civil suit No.314 of 2006 for specific performance of agreement to sell dated 04.03.2005 against Alla Singh (since deceased). In the plaint it was specifically mentioned that the possession of the property was delivered to her by Alla Singh. The suit was contested by Alla Singh and during the pendency of the civil suit, Alla Singh expired and legal heir was impleaded. One application dated 07.03.2014 was filed in the Court of Additional Civil Judge (Sr. Divn) Sangrur for directing the respondent No.1/plaintiff to pay deficiency
(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....
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
Under the Indian Stamp Act, once a document is found to be insufficiently stamped, the court is duty-bound to impound the document and send it to the Collector for proper assessment and payment of th....
Suit for Specific Performance – Liability to pay stamp duty – Stamp duty is on instrument and not on transaction – It is immaterial, whether possession of property has been handed over at the time of....
The court must determine the admissibility of documents based on the stamping requirements before relying on them in judgments, failing which can constitute a material irregularity.
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