M SHANKAR Vs. M S SURENDRA

JUDGEMENT

(1.) The first defendant-tenant Sri.M.Shankar, has filed this writ petition under Article 227 of the Constitution of India aggrieved by the impugned order dated 06.12.2016, whereby the learned Trial Court rejected IA.No.8 filed by the first defendant-tenant Sri.M.Shankar, through which the defendant had sought for impounding of the Lease Deed dated 03.03.2002 and demanded deficit stamp duty thereon.

(2.) The reasons assigned by the learned Trial Court are quoted below for ready reference:

(3.) Learned Counsel for the petitioner-first defendant/tenant Mr.B B Sagar, relying upon the following decisions of this Court submits that the stamping of the lease deed in question which was for a period of 20 years as per Section 34 of the Karnataka Stamp Act, 1957 was mandatory and even if the objection in this regard was not raised at the earlier stage of trial but at the later stage, the same could not have been rejected by the learned Trial Court and in the absence of adequate stamp duty of the Document in question, becomes inadmissible in evidence. The judgments relied upon by him are: