ANIL Vs. BABU
LAWS(KAR)-2022-12-120
HIGH COURT OF KARNATAKA
Decided on December 15,2022

ANIL Appellant
VERSUS
BABU Respondents




JUDGEMENT

- (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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