Jitendra Devi Pandey Stamp vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2294

MANISH MATHUR
Jitendra Devi Pandey Stamp – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Bajrangi Verma.
For the Respondent: C.S.C.

Table of Content
1. overview of petitioner’s property lease and transfers. (Para 2 , 3)
2. arguments against characterization of lease as a sale. (Para 4 , 5 , 6)
3. state's argument supporting deed as sale. (Para 7 , 8)
4. rightful ownership and nature of property deed. (Para 9 , 10 , 12 , 13)
5. court's decision to set aside prior orders. (Para 14 , 15)

JUDGMENT

Manish Mathur, J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.

2. Petition has been filed challenging the order dated 13th of September, 2011 passed under Section 47A of Indian STAMP ACT , 1899 as well as the order dated 27th of July, 2012 passed in Appeal under Section 56 of the Act.

3. Learned counsel for petitioner submits that the property in question which is immovable in nature was leased out to one Smt. Neera Khanna W/o Sri. Mahendra Singh Khanna by means of registered lease deed dated 10th March, 1995 executed by the Uttar Pradesh Avash and Vikas Parisad, Lucknow for a period of 30 years. She transferred the lease hold rights by means of assignment in favour of one Pradeep Agarwal, who in turn transferred his lease hold rights to the petitioner by means of l