High Court Karnataka High Court

Smt Manjula vs State Of Karnataka on 16 November, 2009

Karnataka High Court
Smt Manjula vs State Of Karnataka on 16 November, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15'?" DAY OF NOVEMBER 2009

PRESENT

ma HONBLE MR. RD. OINARARAN, CHIEF J'LIS*rIf(;--Rj'~v.I

AND

THE I-IONBLE MR.JUSTICF;V.G.SABfiAfiIT.x'  

WRIT APPEAL NO.3345/I?'Q0§'_O(OMO?S'fI,fi2I'§)  _

BETWEEN:

MANJULA, 
AGED ABOUT 34  _ _ ..
w/O.L.L;u 23,-FSOUT 38 
 ,Sf.'O.LATE.V.KE2MPALAH,
 _ NC). "1 1.  i-CROS»S, 1 MAIN,
" :3I¥iOV1P,rxm{A,.  ' A "

BANGALORE. 4 86.

 8.SR1NIV,,f&SA,
 ,  V " S/V,O.LA'1"='E.KARiYAPPA,
"AGED ABOUT 53 YEARS,
_ R/-AT.NO. 105/15, 4"; CROSS,
  ILMAIN, BHOVIPALYA,
  ..._BA,NGALORE W86.

9.V.RAJU.
AGED ABOUT 41 YEARS.



S / O .VEERABHADREGOW'DA.

I MAIN, SR1 KANTESHWARANAGAR.

MAHALAKSHM1 LAYOUT.
BANGALORE -- 86.

IO.D.S.SUB A,

AGED ABOUT 44 YEARS.
S/O.D.VENIQ°xTA REDDY.
R/AT.NO.1O241~, '77" CROSS.

I MAIN, VIJAYANANDANAGAR,
 SHM1 LAYOUT, O
BANGALORE M 86.

I1.N.MUNIRAJU, .  
AGED ABOUT 37 YEA'Rs;j;~ --

S/ONARAYANAPPA, __  
R/O CI~iANNAYAKANAPAI..Y_A., '
DASANAPURA HOBLI, ;' '

BANGALOREs__NO':2I'H TL4\LUK:

   '--R1;3SPONDENTS

[BY SR1 R.O1,KO'::;LiV,  AND R-2
SR1 T.S¥£ESFiAGIR£__ RAQ. ,ADv';---ROR R3 TO R-1 1)

 ""*,=..>:x==22.~:==a==re:z<

THIS WRIT APPEZAL IS FILED U/S 4 OF THE
KARNATAKA HEGH COURT ACT PRAYING TO SET ASIDE
 THE;_ ORDER "PASSED IN WRIT PETITION 330.1795/2009
' '  _ DfxTED;.A'24;-7'/2009'; """ 

  -   O.1j'H:zs:.'vxrR;T APPEAL COMING ON FOR ORDERS THIS
" DAY J., DELNERED THE FOLLOWING:--

NT

JUDGME

dated 24.77.2009 wherein the learned Single Judge of

K}

   This appeal is flied by the petitioner in Writ

....I7-'*§eti1:iOn NO1795/2009, being aggrieved by the Order



4

this Court has declined to interfere with the certificate

dated 13.8.2008 issued by the 2"" respondent -.E5i'strict

Registrar and Deputy Commissioner

Bangalore Rural District at AnneXu1’€~A €§l_Sl_A’61f1dof.rsed long i

the agreement dated
petition. V l l V l l

2. The filed
W.P.l\lo.1795/2009 Nos.3 to

11 have filed 0.S.Nof.14S§.Q’/20.08 the Civil Judge

{Sr.Dn’.l];’lVlBarigalld’r’e Bangalore, against
the two minor children seeking

for specified”perforrnancelof the alleged agreement of sale

36′.6.”i3.O07 ilnmlrespect of agricultural land bearing

of Mallapura village, Kasaba Hobli,

Neiamaziigailealtaluk, measuring 4 acres 37 guntas. The

said a agreement was got up at the instance of

sglvrlesplondent I\Eos.3 to 11 and the brother of the

-»-pfetitioner. Respondent Nos.3 to 11 got signed the

agreement from the petitioner drawn up on a stamp

kin

paper of RS200/W and after filing of the suit, the
petitioner noticed from the said agreement that the

possession of the land is also shown as havinsggheven

handed over to respondent Nos.3 to 11. _”Ehere”*t¥:If’a-s

such agreement wherein the petitione’r hV’as..fvag1*e’ed “to

hand over possession nor ‘has_A_As”shes”- par1ed”s_s:”‘wAi’th

possession of the land. T191-e_:”8§f<* respondent to"?

have given a letter;-'.it:O the~ .2'n.<i'"~respondentVE–District
Registrar and Depflutyf' of Stamps,

Bangalore for~.s.s"_adjt1éi'ication of proper

starnjj" duty of Rs.20/– on
13.8.2zO(V)'8- andvspvthifjepv2"".:res~pondent, without holding any

enqjiiry or" r_nain'tainin§g any records in his office as

resqtiired "t1nderdsV'Iai7dQ, appears to have collected the

ai_Ieged"'–detéc~it:'.i.~stamp duty of Rs.16,20,100/~» from the

3Y¢i~..__respcndent and endorsed the same on the second

pagessoftsthe agreement dated 3.3.200"/Awherein, it is

is 'tipcertified inter alia that stamp duty has been collected

-»v–tinder Article 5[e) (i) of the Karnataka Stamp Act, 1957

and that the document is duiy stamped. The certified

\w/”*>

copy of the agreement dated 6.6.200′? was filed in

O.S.No. 1490/2008. T he petitioner approached.Vthe~.,2ii<1

respondent with a request to furnish the

of the entire proceedings held on the ap_pIicati_on"fit1ed by"

respondent No.3 herein. 21"? re.spo"rid'eni;t._inforrned_th.e

petitioner that no proceedings… are held to".eo'i1eet..defieit*.0'

stamp duty and a surn of ¥'is._'coi:leeted by
looking into the copy -produced by the
party and eeiiified 0' computing the
stamp duty availabie to the
petitioner." copy of the application
filed .r2eepent1ettt.No:. §_3 dated 13.8.2008 before the sine

re9PDndenht"" niaddé: available and the same is

"V""'e.pr:}d.'tieed Antie§:ttre–B to the writ petition. It is

that being aggrieved by the said

end.orseme'fit,t writ petition is filed for quashing the said

"'endors'ei«i"1ent dated 13.8.2008 and the agreement of sale

6.6.2007, contending that the 2"" respondent has

-»v.nFot held any enquiry as contemplated under Section 31

of the Karnataka Stamp Act and has failed to exercise

‘\,.

\,_,>>

statutory power and therefore, the impugned

endorsement is liable to be quashed.

3. The learned Single judge, V’

learned counsel appearing for the p:etitionei’,..lthe’learned

counsel appearing for res’po__ndentsl”3

learned High Court Governrnent Header: appearing for
respondent Nos.1 and o1;:f_der”Vdjatied’b 24.7.2009, held
that Section 3.1. of Act does not

contemplat.-:-5., it llilmplroceeding and

if any” notice of the Deputy
Comrnissioner’ of the officer as to the stamp

duty. ,Charg’cahl’-e. said document and payable

thereoifi; the concerned authority Viz., the Deputy

determine the duty with which the

inst.rur}:1en:ti’~w’ chargeable and sub-section of (2) of

Section-331 would come into play only when the Deputy

. l ‘Comrnissioner is of the View that affidavit and some

-~–other evidence is required for determination of the

stamp duty payable and he can call upon the persenter

to produce such evidence and in the present case, sale

consideration under the agreement is .p”about

Rs.2,16,00,000/- Statement of objections

respondent No.2 indicating that the valt1_e:”‘refieLeted K

the agreement to sell is much

VEi.l1.1€ determined by the: _competent avultholrilty

hence, respondent No.2 did ‘necelssaiiy to call
upon the applicant evidence by
way of an affidavit aspptovihthe Value of the

land and was: co_nter.o.plated. The learned

Single ‘iJnldge’:iVffnrt:hVe1″ View of the decision of
the Homes in GOVERNMENT or

UTT¥*R PRAD.ESHrsANiD”oTHERs Vs. RAJA MOHAMMED

Amiiéi AH1\/IED K”H’ANll(AiR 1961 so 787), no limitation is

regalrding seeking of opinion as to the duty

payablerand accordingly, held that there is no merit in

petition and dismissed the same. Being

aggrieved by the dismissal of the writ petition, the writ

petitioner has preferred this writ appeal.

\.__f:>°

4. We have heard the learned counsel

appearing for the appellant and the learned Governrnent

AdV0C3t”3 aPDeariI1g for respondent Nos. 1 ” .

5. The learned counsel 1’_ap’pearirigl’ for”—..t’hTe

appellant submitted that the”~1.earned: Single was-it

not justified in disrnissirig petition” holding
that the endorsement Vi:ll2£f1′<1_vrespondent on
the agreemevrlpaf sailed by accepting
stamp dutyjgiilstified. The learned
of the provisions of
Sections the Karnataka Stamp Act, the

document lc'ould..not"'-have been validated after expiry of

'l V' "–ithee~-pei:iod"i'of limitation prescribed under the above said

the Writ petition ought to have

been al_1oived A.

The learned Government Advocate submitted

.._that the order passed by the learned Single Judge is

V justified as the stamp duty has been collected on the

\’>

10
agreement of sale and endorsement has been made. In

any View of the matter, the suit filed by the 3″‘

respondent in the writ petition is pending consideration

and all contentions can be taken at the time

agreement of sale is sought to be marked.

7. We have given carefifl co_nside’i_*at’1on~ tQ”the~,

contentions of the learnec1′–._,{;{jL1nsel the’

parties and scrutinize”d..V_the .rnaterial”on record.”

1’33.’ on llreclord would clearly show
that to 11 have filed

O.SiVNo.l4iQ()/2008 Aonllvthe file of Civil Judge (Sr.Dn),

E3an.,lc:§al.ore”l’ Rural llll “lvDistr1’ct, seeking for specific

the agreement of sale dated 6.6.2007

and__ it forrespondent Nos.3 to 11 to prove the said

agreement and the requisite conditions for seeking

A’ ‘specific performance of agreement of sale and that the

it -«agreement has been entered into in accordance with law

and that could be done only by producing the

\’_#}1’?

11

agreement of sale in the suit. if the agreement of sale

was not properly stamped or there was any in

the endorsement made by 2136 respondent

Registrar and Deputy Commissioner oft’

agreement of sale dated 6.6.2007, almfagrs

the appellant herein to raiseélobjection the”

said agreement of sale.’dated-“6l..6:;2’0’07 in fitlriei evidence of
the plaintiff in the Court
will decide said document
in regard to the stamp duty

paid onMthe..agreerncnl:»..of sale was also the endorsement

made by the Ziéftriespo-nd’erit and this Court, in exercise

of power u’nd.VervAi*tic’}eV’2..26 of the Constitution of India,

‘limited .jurisdiction to go into the correctness of the

the endorsement made by 2nd

resp_onden_tf:oln the agreement of sale dated 6.6.2007.

“therefore, keep open the said question about the

admissibility of the agreement of sale dated 6.6.2007 in

…eTtridence in O.S.l\lo.l490/2008 with liberty to the

appellant herein to raise all objections regarding

\;’>’

12

admissibility of the said document including payment of
appropriate stamp duty on the document and-,ythe

endorsement made by the 29″ responden.t…_”f-Distrilcty

Registrar and Deputy Commissioner Starr1mp’s~,_Bangllalor*ep’

Rural District. We hold that itl_:li’s3

interfere with the order passed lbyllthe lcealirzied

Judge and keep open the llcolntentions referred to
above to be urged the ofadmission of the
document -agreementofihsialell_date’d*B.’r’3;2i’)07 in the suit

the objections

taken:v’llby’c’ shall be considered in
accordance appropriate time in the suit

without béingl iiifiuenced by the observations made by

it it °-the-learnedSinglellldudge on the merits of the case. We

1-..do;~not.Wits}; toexpress any opinion on the merits of the

case asthel question of urging the admissibility of

vlagreernent of sale in evidence has been kept open and

any-observation will prejudice the case of the parties.

x?=

13

Accordingly. the writ appeal is disposed of w1’f,h_.1:_he

above said observations.

Chigf.

Index: Yes/No .

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