The petitioner being aggrieved by the order on

IA-III/17

dated

9.6.2017

passed

in

O.S.No.25161/2017 by the IV Addl. City Civil &

Sessions Judge, Mayo Hall Unit, Bengaluru (CCH 21)

has filed this writ petition.

2. Brief facts leading rise to filing of this petition

are as under:

The

petitioner

has

filed

a

suit

in

O.S.No.25161/2017

for

the

relief

of

specific

performance of contract alleging that respondents

No.1 to 9 have agreed to sell the immovable property

4

bearing No.61-65, old Nos.91 & 92, Chandini Chowk

Road, Shivajinagar, Bangalore, under the agreement

of sale dated 12.6.2016 and it was agreed for a total

consideration of Rs.2,29,50,000/- and respondents

No.1 to 9 have received a sum of Rs.13,00,000/- on

the date of agreement by way of earnest money and it

was agreed that balance to be paid within six months

from the date of agreement. The petitioner has paid

Rs.4,00,000/- to the occupants of the ground floor of

the property bearing No.63 on 18.6.2016 which was

within the knowledge of respondents No.1 to 9.

Since respondents No.1 to 9 have failed to

comply with the terms and conditions of the

agreement, the petitioner got issued a legal notice on

26.12.2016 calling upon respondents No.1 to 9 to

receive balance consideration amount and to execute

registered sale deed in favour of the petitioner.

5

Respondents have replied to the said legal

notice. The petitioner was constrained to file a suit for

specific performance of contract.

In the said suit, respondents No.1 to 9 filed an

application in IA III/17 seeking that the agreement to

sell dated 12.6.2016 was not made on the required

value of the stamp duty and the said document has to

be impounded.

The Trial Court after hearing both the parties has

passed an order on 9.6.2017. The Trial Court allowed

the said application partly and directed the petitioner

to impound the document relating to the valuation of

the

shop

of

property

No.63

handed

over

by

respondents No.1 to 9 in favour of the petitioner in

accordance with law.

The petitioner being aggrieved by the said order

has filed this writ petition.

6

3. Heard learned counsel for petitioner and

learned counsel for respondents No.1 to 9.

4. Learned counsel for the petitioner submits

that the agreement of sale came to be executed on

12.6.2016 and possession of the premises No.63 was

delivered on 18.6.2016. He further submits that on

the date of execution of the agreement to sell,

possession of the premises was not delivered. He

further submits that the petitioner had presented the

agreement to sell before the District Registrar for

Verification of Stamp Duty and the District Registrar

after considering the agreement produced has issued

a certificate under Section 41 of the Karnataka Stamp

Act, 1957 (hereinafter referred to as 'the Act' for

brevity) after receiving stamp duty and fine on

21.12.2016 and the certificate issued by the District

Registrar has been produced. Hence, the learned

counsel for the petitioner submits that the trial Court

7

has committed an error in passing the impugned

order. Hence, on these grounds he prays to allow the

writ petition.

5.

Per

contra,

learned

counsel

for

the

respondents No.1 to 9 supports the impugned order.

6. Perused the records and considered the

submissions made by learned counsel for the parties.

7. In order to consider the contentions of the

learned counsel for the parties, it is necessary to

consider some of the provisions of the Karnataka

Stamp Act, 1957.

41. Endorsement of instruments on

which duty has been paid under section

34, 39 or 40.- (1) When the duty and penalty

(if any) leviable in respect of any instrument

have been paid under section 34, section 39 or

section

40,

the

person

admitting

such

instrument

in

evidence

or

the

[Deputy

Commissioner], as the case may be, shall

certify by endorsement thereon that the proper

8

duty or, as the case may be, the proper duty

and penalty (stating the amount of each) have

been levied in respect thereof and th