( 1 ) THIS petition is directed against an order dated 7-5-2008 by 1st Additional District Judge, Balaghat in civil suit no. 7-A/2007 by which the trial Court decided the objection of petitioner/defendant in respect of insufficiency of stamp duty on agreement dated 22-11-2005.

( 2 ) LEARNED counsel for petitioner submitted that the order of trial Court is not correct, as it has been passed ignoring the provisions as contained in Article 5 of Schedule 1-A of the Indian Stamp Act, 1899 (hereinafter referred to as 'act' for short ). It is submitted that as per Article 5 (2) (e) of the Act the stamp duty was payable @ 1% of the total consideration of the property set forth in the agreement or memorandum of agreement, but the court below erred in directing recovery of deficit stamp duty on the basis of earnest money paid at the time of agreement and not on the basis of total consideration of the property set forth in the agreement.

( 3 ) LEARNED counsel for respondents opposed the aforesaid contention and submitted that the order passed by the trial Court is just and proper.

( 4 ) TO appreciate the rival contentions of the parties it would be appropriate if the factual position