IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 49429 OF 2019 (GM-CPC)

BETWEEN:

1. SMT. SULOCHANA W/O RAMAPPA AGED ABOUT 49 YEARS.

2. SRI B SURESH S/O PAPPAPPA AGED ABOUT 48 YEARS.

BOTH ARE RESIDING A I FLOOR NO.45, 11TH CROSS, 9TH MAIN JAYANAGAR II BLOCK BANGALORE - 560 011.

…PETITIONERS (BY SRI PREETHAM PRABHAKAR, ADV., FOR SRI D. PRABHAKAR, ADV.)

AND:

Digitally signed

1. SRI B.K. MARIYAPPA by NANDINI M S S/O KEMAREGOWDA Location: HI GH AGED ABOUT 69 YEARS.

COURT OF KARNATAKA

2. SRI M.S. GOKUL S/O B.K. MARIYAPPA AGED ABOUT 35 YEARS.

SRI M.S GOKUL BEING OF MENTALLY AND PHYSICALLY CHALLENGED IS REPRESENT BY HIS FATHER B.K. MARIYAPPA.

BOTH ARE RESIDING AT NO.45, 11TH CROSS

9TH MAIN, JAYANAGAR II BLOCK BENGALURU -560 011.

3. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.

…RESPONDENTS (BY SMT. RADHARAMASWAMY, AGA FOR R-3;

R-1 & R-2 SERVED)

THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER DATED 13.08.2019 PASSED BY THE HONBLE LXI ADDITIONAL CITY CIVIL AND SESIONS JUDGE, AT BENGALURU IN O.S.NO.5991/2015 IN SO FAR AS IT RELATES TO I.A.NO.6 FILED U/S 38 OF KARNATAKA STAMP ACT R/W SECTION 151 CPC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This petition under Article 227 of the Constitution of India is filed by the defendants with a prayer to set aside the order dated 13.08.2019 passed on I.A.No.VI in O.S.No.5991 of 2015 by the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru.

2. Heard the learned counsel appearing for the parties.

3. Suit in O.S.No.5991 of 2015 is filed by the respondent herein before the jurisdictional civil Court at Bengaluru seeking the decree of ejectment against the defendants and to direct the defendants to deliver vacant possession of the suit schedule premises and also to pay ₹ 75,000/- towards use and occupation of the suit schedule premises from 01.02.2015 to 30.06.2015 and further direct the defendants to pay damages for the aforesaid period. In the said suit, defendants have filed written statement and opposed the suit claim. I.A.No.VI was filed on behalf of the defendants under Section 38 of the Karnataka Stamp Act, 1957 R/w Section 151 of CPC ( hereinafter referred to as 'The Act of 1957" for short) with a prayer to impound the lease agreement dated 01.02.2010 vide Ex.P.2 for the purpose of collecting the deficit stamp duty and penalty on the same. The said application was opposed by the plaintiff by filing objection. The trial Court, vide the order impugned has rejected I.A.No.VI and being aggrieved by the same, the petitioners / defendants are before this Court.

4. Learned counsel for the petitioners submits the in view of the explanation to Section 3 of the Act, 1957, the trial Court was not justified in rejecting the application. He submits that though the instrument Ex.P2 is termed as a "Lease Deed" actually the said document is a mortgage deed and therefore the document attracts stamp duty as provided under Article 34 of the Act, 1957. He accordingly prays to allow the petition.

5. Respondent nos.1 and 2 who are served in the matter have remained unrepresented before this Court. Learned AGA appearing for the State, submits that the instrument has been not properly stamped and therefore the trial Court ought to have impounded the same and forwarded the document to the competent authority for collecting deficit stamp duty and levying penalty.

6. In the plaint, it is averred that, suit schedule property was leased to the defendants under Ex.P2 after collecting a sum of ₹.10,00,000/- towards refundable security deposit and the lease is for a period of 5 years.

7. Perusal of Ex.P2 dated 01.02.2010 would reflect that possession of the suit schedule property was handed over to defendants