( 1. ) CHALLENGE in this petition under Article 227 of the Constitution is made to an order, Annexure P-6, dated 12-2-2004 passed by the Court of Twelfth Additional District Judge (Fast Track Court), Gwalior by which petitioner has been directed to pay the proper stamp duty on the document (Annexure P-2), an agreement for sale in accordance with provisions of Article 23 to Schedule I of the Indian Stamp Act, 1899. It is the case of the petitioner that the aforesaid direction given for affixing the stamp duty on the document is clearly unsustainable.

( 2. ) PETITIONER had instituted a suit for specific performance of a registered agreement for sale dated 9-8-2000 (Annexure P-2 ). Relief claimed by the petitioner in the suit is to direct the respondents to execute the sale deed in pursuance to the aforesaid agreement and to hand over possession of the property in question. It is the case of the petitioner that written statement was filed and in the written statement (Annexure P-3), defendants/respondents asserted their own possession, so also disputed the agreement to sale. After framing of issues, chief examination under Order XVIII Rule 4, CPC, was submitted and the agreemen