Chail Singh vs M.H. Shafiulla

C.V. Nagarjuna Reddy, J.—This civil revision petition is filed against order, dated 22.10.2011, in I.A. No. 536 of 2011 in O.S. No. 113 of 2010, on the file of the learned Senior Civil Judge, Hindupur. The petitioner is the defendant in the above-mentioned suit filed by the respondent for his eviction. When the respondent sought to produce an unregistered lease deed, dated 15.01.2009, in evidence, the petitioner raised an objection on the ground that it was not stamped and that proper stamp duty and penalty has to be levied. The petitioner has filed I.A. No. 536 of 2011 for a direction to the respondent to pay the deficit stamp duty and penalty. This application was dismissed by the Court below on the finding that the respondent has already paid stamp duty and penalty of Rs. 350/-. Feeling aggrieved by this order, the petitioner/defendant filed this civil revision petition.

At the hearing, Sri K. Ram Mohan Chowdary, learned counsel for the petitioner, submitted that the Court below has committed a serious error in taking note of the fact that the respondent has already paid stamp duty and penalty of Rs. 350/-, contrary to Entry-31 of Schedule-IA of the Indian Stamp Act, 1899 (for short ''the Act''). According to the petitioner, the respondent has to pay stamp duty of Rs. 2,223/-, besides the penalty to be levied thereon.

Sri R. Prasad, learned counsel for the respondent, submitted that as there is a serious dispute as to the correct stamp duty to be paid, the Court below may be directed to refer the issue to the District Collector for adjudication u/s 31 of the Act.

Inasmuch as there is a dispute regarding the stamp duty and penalty payable on the document in question, it is appropriate that the Collector adjudicates the said issue. Accordingly, while setting aside the order under revision, the learned Senior Civil Judge, Hindupur is directed to refer the dispute for adjudication to the Collector regarding payment of stamp duty and penalty and resume the proceedings in the suit after the decision of the Collector.

The civil revision petition is accordingly allowed. As a sequel to disposal of the civil revision petition, C.R.P.M.P. No. 7816 of 2011 shall stand disposed of as infructuous.