IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 17409 OF 2021 (GM-CPC)

BETWEEN:

GIRISH S S/O SWAMY AGED ABOUT 43 YEARS, R/AT NO.53, HIG J BLOCK, RAMAKRISHNA NAGAR, MYSORE - 570 022.

…PETITIONER (BY SRI HARSHA V, ADV.)

AND:

1. GOVERNMENT OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, M.S BUILDING DR. B.R. AMBEDKAR VEEDHI BANGALORE-560001.

2. M.N. SRIKANTAIAH Digitally S/O LATE NANJUNDAIAH signed by AGED ABOUT 76 YEARS NANDINI M S Location: R/AT NO.48, AKSHYA BHANDAR HIGH COURT CIRCLE, NEW K ANTHARAJ URS ROAD OF KARNATAKA SARASWATHIPURAM, MYSORE - 570 009.

3. HARSHA M.R S/O RAJENDRA PRAKESH AGED ABOUT 40 YEARS R/AT NO.4402/A, A J BLOCK KANAKADASANAGAR, DATTAGALLI, 3RD STAGE, MYSORE - 570 023.

4. M.N. RAKESH S/O NANJUNDAIAH AGED ABOUT 42 YEARS R/AT NO.542, SANKALPA ANIKETHANA ROAD P AND T BLOCK, KUVEMPUNAGAR MYSORE - 570 023.

…RESPONDENTS (BY SMT. RADHA RAMASWAMY, ADV., FOR R-1;

SRI YASHWANTH NETHAJI N.T., ADV., FOR SRI K.V. NARASIMHAN, ADV., FOR R-2;

V/OD/ 13.12.2023, NOTICE TO R-3 & R-4 IS D/W)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.03.2021 PASSED BY THE LEARNED III ADDL. I CIVIL JUDGE AND JMFC, MYSORE IN O.S.NO.1051/2015 AT ANNEXURE-A WHEREIN THE LEARNED JUDGE HAS DIRECTED THE PETITIONER TO PAY DEFICIT STAMP DUTY AND PENALTY OF RS.82,500/- ON UNREGISTERED LEASE DEED DATED 07.11.2011.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by defendant No.2 with a prayer to quash the order dated 30.03.2021 passed by the Court of III Addl. I Civil Judge and JMFC, Mysuru in O.S.No.1051/2015 wherein petitioner has been directed to pay deficit stamp duty and penalty on the unregistered Lease Deed dated 07.11.2011.

2. Heard the learned counsel for the parties.

3. Respondent No.2 herein had filed OS No.1051/2015 before the jurisdictional Civil Court against petitioner and respondent Nos.3 and 4 to this petition seeking the relief of possession of the suit schedule property by directing the defendants to vacate and hand over the vacant possession of the suit schedule property. It is the case of the plaintiff/respondent No.2 herein that the suit schedule property was leased to defendant Nos.1 and 2 under a registered Lease Deed dated 30.05.2011 and defendant No.3 is said to be the Manager of defendant Nos.1 and 2, who has been carrying on business on behalf of defendant Nos.1 and 2 in the suit schedule premises. In the said suit, during the course of defence evidence, petitioner herein had produced lease deed dated 07.11.2011 which is an unregistered document. Plaintiff had opposed marking of the said document on the ground that the document was not properly stamped and it was an unregistered document. The Trial Court vide the order impugned had therefore, directed the petitioner to pay the deficit stamp duty and penalty which totally amounts to Rs.82,500/-, on the unregistered Lease deed dated

07.11.2011. Being aggrieved by the same, petitioner is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that Lease Deed dated 07.11.2011 is a continuation of the original Lease Deed dated 30.05.2011 which is a registered document. He submits that petitioner does not dispute that tenancy was created in respect of the schedule property under the original Lease Deed dated 30.05.2011. The subsequent unregistered Lease Deed dated 07.11.2011 was produced by the petitioner before the Court as a collateral document only to prove that defendant No.1 - Harsha M. R. had already retired as a partner of the firm known as M/s. Nimishamba Distributors and defendant No.3 was not working as a Manager of the said firm. He submits that since the original Lease Deed