VidhiSangh

Supreme Court of India · 13/02/2025

RAMESH MISHRIMAL JAIN versus AVINASH VISHWANATH PATNE & ANR.

[2025] 2 S.C.R. 670 · 2025 INSC 213

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Summary

The Supreme Court upheld the impounding of an agreement to sell executed in favour of a tenant already in possession, holding that under Explanation I to Article 25 of Schedule I of the Bombay Stamp Act, 1958 such an agreement is deemed a conveyance and attracts stamp duty, because stamp duty is levied on the instrument and possession had been handed over before the agreement. Any duty paid on the agreement is to be adjusted against the duty on the eventual sale deed.

Issues

  1. Whether an agreement to sell in favour of a tenant already in possession, stating that possession on ownership basis will be given only on execution of the sale deed, is a deemed conveyance under Explanation I to Article 25 of Schedule I of the Bombay Stamp Act, 1958 and liable to stamp duty and penalty.
  2. Whether the courts below rightly impounded the agreement under Section 34 of the Bombay Stamp Act and sent it to the Registrar of Stamps for recovery of deficit duty and penalty.

Provisions considered

Held

Result

Appeal dismissed; orders of the trial court and the High Court impounding the agreement to sell and sending it to the Registrar of Stamps upheld, with a clarification on adjustment of duty under the second proviso to Article 25; no costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 670.