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2023 Supreme(MP) 354

VIVEK RUSIA
Mahendra – Appellant
Versus
Ramvilas Shukla – Respondent


Advocates:
Vishal Baheti for petitioner; Praveen Kumar Pal for respondents No. 1 to 4; Sudarshan Joshi, Government Advocate for respondent No. 5/State.

ORDER

1. The petitioner has filed the present petition under Article 227 of the Constitution of India being aggrieve by the order dated 31.3.2022, whereby V District Judge, Ambedkar Nagar, Indore has directed the petitioner to deposit Rs.26,99,400/- as an amount of deficit stamp duty with penalty payable on three sale agreements.

2. Facts of the case in short are as under:-

2.1. The petitioner has filed a suit for specific performance of contract and permanent injunction valued at Rs.12,85,26,000/- against late Ramvilas Shukla who died during pendency of the suit. According to the plaintiff, he entered into an agreement to sale with late Ramvilas Shukla for the land mentioned in paragraph – 1 of the plaint. The descriptions of advance payment to late Ramvilas Shukla are given in paragraph – 4 of the plaint. According to him, only Rs.7,70,00,000/- remained for payment for which he was ready to pay. The plaintiff paid Rs.1,50,000/- as fixed court fee. An agreement to sale was executed on 25.10.2011, thereafter, two more supplementary agreements were executed at the time of part payment to late Ramvilas Shukla. All the three agreements were neither investigated nor adequately stamped.

2.2

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