Court No. - 33 Case :- WRIT - C No. - 41854 of 2010 Petitioner :- Sahas Degree College Thru' Secretary Nadeem Hasan Respondent :- State Of U.P. Thru' D.M. J.P. Nagar & Others Petitioner Counsel :- K.M. Misra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
It is contended that one Ali Hasan made an oral gift of the land in dispute in
favour of the petitioner which was accepted on his behalf by Secretary
Nadeem Hasan. The aforesaid gift was subsequently reduced to a form of a
memorandum. This memorandum has been subjected to the payment of stamp
duty under the Indian Stamp Act.
Argument of Sri H.R. Mishra, learned Senior Advocate assisted by Sri K.M.
Mishra, learned counsel for the petitioner is that the document in dispute is
only a memorandum, which has been reduced to writing on the basis of an
oral gift made earlier and as such would not fall within the meaning of an
instrument under Section 2(14) of the Act. Even Section 2(14-A) of the Act as
applicable to the State of U.P. would not prevail over the personal law of
Muslims which permits oral gift as against the provisions of Section 123 of
the Transfer of Property Act. He has placed reliance upon a decision of this
reported in 2001(92) RD 282 which provides that even in the case of transfer
of agricultural land personal law would prevail.
Learned Standing counsel prays for and is allowed six weeks’ to file counter
affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the orders dated 27.09.2008
and 7.1.2010 shall remain stayed provided the petitioner deposits half of
deficient stamp duty so determined within a period of one month from today
which shall be kept in a separate account and invested in a fixed deposit with
a nationalized bank initially for a period of one year subject to renewal, if
necessary. Any amount of stamp duty already deposited by the petitioner shall
be given adjustment.
In the event of default in depositing the deficient stamp duty within the time
stipulated, the stay order shall automatically come to an end.
Order Date :- 22.7.2010
SKS