VidhiSangh

Supreme Court of India · 28/08/2024

BIDYUT SARKAR & ANR. versus KANCHILAL PAL (DEAD) THROUGH LRS. & ANR.

[2024] 8 S.C.R. 984 · 2024 INSC 704

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Summary

An insufficiently stamped agreement to sell, marked as an exhibit only subject to objection and referred to the Collector, stays inadmissible under Section 35 of the Stamp Act until the deficit duty and penalty are determined, paid and endorsed under Section 42. A mere offer to pay does not make it admissible, and Section 36 does not apply to such a marking. The Court restored the dismissal of the specific performance suit, but directed the subsequent purchasers to pay the plaintiff Rs. 5,00,000 in place of the Rs. 10,000 advance.

Issues

  1. Whether an insufficiently stamped agreement to sell becomes admissible in evidence because the plaintiff offers to pay the deficit stamp duty and penalty, when the Collector has not determined them and nothing has been paid.
  2. Whether Section 36 of the Stamp Act bars an objection to admissibility where the document was marked as an exhibit only subject to objection.
  3. Whether a suit for specific performance founded on an inadmissible agreement can be decreed.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and Trial Court's decree dismissing the suit for specific performance restored. Appellants directed to pay Rs. 5,00,000 to the plaintiff within three months.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 984.