JUDGEMENT
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(1.)An order of the Trial Court directing the Office to impound a document, which was admitted in evidence as
Ex.P1, for collection of stamp duty and penalty, is assailed
in this writ petition.
(2.)On 3/4/2008, an agreement of sale was executed between the petitioner and the first respondent,
whereby the first respondent agreed to sell the suit
property for a sum of Rs.6,00,000.00 (Rupees Six lakhs
only). The entire sale consideration was stated to be paid
on the date of execution of the sale deed. It was also stated
that the possession of the property was required to be
delivered at the time of registration of the sale deed, but,
the petitioner had come into possession of the property
under an irrevocable Special Power of Attorney executed by
the first respondent on the same day. The agreement also
contained a clause that the first respondent would execute
the registered sale deed at the convenience of the parties
and as demanded by the petitioner.
(3.)On 12/12/2012, the petitioner instituted a suit seeking for specific performance of the agreement of the
sale deed dtd. 3/4/2008. During the pendency of this
suit, the suit property was conveyed to the second
respondent on 1/7/2013 and as a consequence, the
second respondent was impleaded as the second defendant
on 3/2/2014.
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