1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.927/2010. (Kisanrao Manikrao Khopade Vs. Govind Arun Patil) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.CS Deshmukh, Adv. for petitioner; Mr.Amol Sawant, Ad. for Respondent nos. 1 to 8. ___ CORAM : K.U.CHANDIWAL ,J. DATE : 30 th September, 2010. ... 1) Heard. 2) The learned Judge, based on the recitals, directed the plaintiff to pay stamp duty, on being insufficiently stamped, being an agreement, treating it as a conveyance. The position is quite clear, for which Explanation I of Article 25 in Schedule-I of the Bombay Stamp Act, 1958, is reproduced as under : "Explanation -I, - For the purposes of this articles, where in the case of agreement to sell an immovable property, the possession of any immovable property, is transferred or agreed to be transferred to the purchaser before the execution, or at the time of execution, or after the execution of, such 2 agreement, then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly.” 3) Reading the plaint agreement of sale, it is vivid, it was not that the agreement was to remain in perpetuity, a sale-deed was necessary to be executed. Had it been a case based on agreement, only possession was to be given to the plaintiff. the learned Judge was justified in seeking additional stamp duty treating the document to be conveyance. Considering the nature of the document, recitals therein and reading of paragraph 4, I find that the order of the learned Judge calls for interference. However, if the learned Judge finds that the very stamp, on which the agreement of sale is based, will attract additional fees for a agreement for sale, he will issue/pass necessary directions/orders to that effect. 4) Writ Petition allowed as indicated above. (K.U.CHANDIWAL) JUDGE bdv/ 3