Court allowed applicant's applications to admit additional documents (encumbrance certificates, receipts) subject to proof and relevancy, and directed payment of deficit stamp duty within a week for compliance listing.
Additional documents admitted subject to proof and relevancy; deficit stamp duty to be paid within a week for compliance.
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A.No.2123 of 2023 in C.S.No.97 of 2013
A.Nos.2122 and 2123 of 2023 in C.S.No.97 of 2013
R.N.MANJULA,J.
The applicant / plaintiff filed the suit in C.S.No.2122 of 2023 for specific performance wherein he has filed certain documents. However, he has filed the present application in A.No.2122 of 2921 to file two more documents
as additional documents on his side as described as under:
| S. | Date | Description of Document | Nature | |
|---|---|---|---|---|
| No. | ||||
| 1 | 20.07.2018 | Encumbrance Certificate 2018 issued by SRO Tha Chennai |
No.3589 of yaraya nagar, |
Certified copy |
| 2 | 30.08.2022 | Online Encumbrance No.74843393/2022 issued Thayaraya Nagar, Chennai |
Certificate by SRO |
Online Certified copy |
summons:
A.No.2123 of 2023 in C.S.No.97 of 2013
(i) Doc No.3-ie., endorsement Dt.28.01.2010 made by
the respondents 1 and 2 on the reverse of the first page of the agreement of Sale Ex-P1 Acknowledging the receipt of sum of Rs.25,00,000;
(ii) Doc. No. 4ie., endorsement dated 29.01.2010 made by the respondents 1 and 2 on the reverse of the first page of the agreement of Sale Ex- P1 acknowledging the receipts of sum of Rs.30,00,000/-.
(iii) Doc No.8 in the Proof Affidavit – Receipt Dt:06.09.2008 for Rs.3,00,000/- signed by first defendant as Director of M/s.Samyuktha Foundations Pvt. Ltd., issued towards sale advance in respect of 35 cents of land situate at Kodaikanal comprised in S.No.786/1, issued in the letter head of M/s. Samyuktha Foundations Pvt. Ltd., to the Plaintiff.
(iv) Doc No.9 in the Proof Affidavit – Receipt Dt:08.04.2009 for Rs.8,50,000/- signed by first defendant as Director of M/s. Samyuktha Foundations Pvt. Ltd., issued towards sale advance in respect of 56 cents of Land in situate at Kodaikanal comprised in S.No.786/2 issued in the Letter Head of M/s.Samyuktha Foundations Pvt. Ltd., to the Plaintiff.
(v) Doc. No.10 in the Proof Affidavit – Receipt Dt:02.07.2009 for Rs.2,00,000/- signed by first defendant as Director of M/s. Samyuktha Foundations Pvt. Ltd., issued towards sale advance in respect of 18 cents in S.No.786/2 and
A.No.2123 of 2023 in C.S.No.97 of 2013 13 Cents of lands in S.No.783 situate at Kodaikanal issued in the Letter Head of M/s.Samyuktha Foundations Pvt. Ltd., to the Plaintiff.
(vi) Doc. No.11 in the Proof Affidavit – Receipt Dt:10.08.2009 for Rs.5,00,000/- signed by first defendant as Director of M/s.Samyuktha Foundations Pvt. Ltd., issued towards sale advance in respect of 60 cents of land in S.No.786/3 and another 60 cents in S.No.786/2 situate at Kodaikanal issued in the Letter Head of M/s. Samyuktha Foundations Pvt. Ltd., to the Plaintiff.
(vii) Doc.No.19 in the Proof Affidavit - Cancelled Receipt Dt:15.10.2010 for Rs.25,00,000/- signed by first defendant as Director of M/s.Samyuktha Foundations Pvt. Ltd., issued towards sale advance in respect of 114 cents of land with constructed bungalow in S.No.796, Kodaikanal issued in the Letter Head of M/s.Samyuktha Foundations Pvt. Ltd., to the plaintiff along with the endorsement of cancellation made by the plaintiff.”
A.No.2123 of 2023 in C.S.No.97 of 2013
R.N.MANJULA, J.
vum
accordingly both the applications are allowed, the additional documents shall be received subject to proof and relevancy. The stamp duty to be paid within a week and the Registry is directed to calculate and collect the stamp duty within the said time and list the matter on 20.06.2023 “for reporting compliance”.
08.06.2023
vum
A.Nos.2122 and 2123 of 2023 in C.S.No.97 of 2013
2 issues framed by the court
Whether to permit admission of additional documents including encumbrance certificates and receipts as additional evidence in a suit for specific performance.
Whether to allow payment of deficit stamp duty on documents listed in the application.
APP LICANT / PLA INTIFF
RESPONDENT
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
