AVINASH KUMAR CHAUHAN Vs. VIJAY KRISHNA MISHRA
LAWS(SC)-2008-12-71
SUPREME COURT OF INDIA (FROM: CHHATTISGARH)
Decided on December 17,2008

AVINASH KUMAR CHAUHAN Appellant
VERSUS
VIJAY KRISHNA MISHRA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Interpretation of sections 33 and 35 of the Indian Stamp Act 1899 (for short the Act) calls for our consideration in this appeal which arises out of a judgment and order dated 27th February, 2007 passed by a learned Single Judge of the High Court of Chattisgarh at Bilaspur dismissing a petition filed by the appellant herein under Article 227 of the Constitution of India against the orders dated 14th November, 2006 and 9th January, 2007 passed in Civil Suit No. l-B/2006 by the Additional District Judge, Gariaband, Raipur.
(3.) The undisputed fact of the matter is that the respondent herein, who is said to be a member of the Scheduled Tribe intended to transfer a house and land admeasuring 10150 sq. ft. situated at Village Gariyaband, District Raipur. A sum of Rs. 2,70,000 fixed by way of consideration towards the aforementioned transfer was paid to the respondent by the appellant. Possession of the said property had also been delivered.;


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