SYAD AKRAM SER AND OTHERS Vs. LALJI SING
HIGH COURT OF CALCUTTA
SYAD AKRAM SER AND OTHERS
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(1.) This was a suit to recover a sum of rupees 713, arrears of rent for the year 1275. The defence was that all the rent had been paid, except rupees 84-12. The first Court gave plaintiff a modified decree for 337 rupees. But the Judge, considering that the receipts not having been stamped, were not receivable as evidence, disbelieved the oral evidence in support of the plaint, and gave a decree to the plaintiff in full.
(2.) It is objected, in special appeal, 1st, that under the provisions of section 350, Act VIII of 1859, the Judge was not justified in rejecting the receipts, and that in any case he ought, under the provisions of Act X of 1862, to have given the parties filing those documents an opportunity, of paying in the sum necessary for stamping them, together with usual penalty provided for in the Act; secondly, it is objected that the judgment of the lower appellate Court is wholly unintelligible, and is contrary to the terms of section 259 of the Civil Procedure Code; and thirdly, that with reference to the payment said to have been made to Shujaat Ali, the Judge was wrong in dismissing the appeal on the ground that Shujaat Ali was not authorized to receive rents for the plaintiff.
(3.) With regard to the first objection, the special appellant appears to be in error in supposing that the Judge could have rectified the want of stamps on the receipts. Section 17 of the Stamp Act does undoubtedly say that documents may be stamped on payment into Court of the proper amount of stamp duty. But this section refers distinctly to documents which are required to be stamped under section 15 of the Act, those namely which were already stamped, but had been executed on paper insufficiently stamped. There is no section of the Act which provides for the reception of documents which have not been stamped at all; such documents ought not to be received as evidence. Section 130 of Act VIII of 1859 is much to the same effect. It also provides for the payment of stamp duty on papers insufficiently stamped, but does not allow documents which have not been stamped at all to be so received.;
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