Indian Stamp Act – Entry No.5 of Schedule 1-A as amended by State of Punjab – When not applicable – Suit filed by appellantoriginal plaintiff for specific performance of Memorandum of Agreement and agreement to sell – Plaintiff was directed to pay the deficient stamp duty with penalty observing that as per Schedule 1A, Entry No.5, the stamp duty shall be leviable u/Sub-column No.2 of Column No.2 of Entry No. 23 of Schedule 1-A as amended by the State of Punjab – Revision petition, dismissed by High Court – On appeal, held : As per Entry No.5 (cc) of Schedule 1-A applicable under the State of Punjab, “in the case of agreement to sell followed by or evidencing delivery of possession of the immovable property agreed to be sold”, the stamp duty is leviable under Column No. 2 of Entry No.23 of Schedule 1-A – However, in the present case, the plaintiff was already in possession prior to the execution of the aforesaid agreements as per the recitals therein – Even the plaintiff has also not sought the possession in the suit and has in fact sought permanent injunction restraining the defendants from interfering in his peaceful possession and from dispossessing/causing to dispossess him from the suit property – Thus, it cannot be said that the possession of the land in question was delivered under the agreements of which the specific performance is sought – Therefore, Entry No.5 of Schedule 1-A of the Indian Stamp Act as amended by the State of Punjab shall not be applicable – Order of the High Court and Trial Court set aside – Stamp/Stamp Duty.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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