Civil Revision Petition No. 4183 of 2012 · High Court

This Civil Revision Petition is directed against the order, dated 13.07.2012, in I.A.No.212 of 2012 in R.C.No.69 of 2011 on the file of the learned Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada, wherein the said application filed by the respondent herein-tenant under Section 35-A of the Indian Stamp Act and Section 151 CPC to send the gift deed, dated 22.08.2009, the Sub Collector, Vijayawada the purpose of impounding document and collect the deficit stamp duty, was allowed.

Heard learned counsel for the petitioner. None appears for the respondent. Perused the records.

Petitioner-landlord filed R.C.No.69 of 2011 seeking eviction of the respondent-tenant from the schedule premises. During the course of the enquiry respondent herein filed a gift deed, dated 22.08.2009. Petitioner- landlord objected the admissibility of the said document on the ground that it is unregistered being insufficiently stamped. The learned Rent Controller by the impugned order allowed the said application and directed that the document be sent for impounding under Section 35-A of the Indian Stamp Act (for brevity, ‘the Act’). It is well settled that when such a request is made by a party seeking impounding of the document, the Court has no option except to send the same to the Sub Collector. Further, petitioner who is raising objection over the admissibility of the document in evidence cannot however prevent the impounding of the document and collection of deficit stamp duty as it involves collection of revenue the exchequer. The impugned order, directing to send the document to the Sub Collector under Section 35 of the Act, does not therefore call for any interference. Petitioner-landlord is at liberty to raise all objections permissible under law, including the one based on non-registration of the document, when the document is sought to be admitted in evidence and the learned Rent Controller shall deal with such objections on their merits.