Dear Experts! and friends!
I am having a case on hand that- a tenant has purchased a mulgi / shop. He has been in the possession in the said shop as tenant. The tenant has entered in to an agreement of sale unregistered one, the same is reduced into writing on Rs.100/- stamp paper. The total value of the shop (building) is Rs.5 lakhs. out of which he paid Rs.2 lakhs as advance, thereafter he again paid an amount of Rs.2 lakhs to the land lard. There is a recital in the document that there is no interest charged in future on the said Rs.2 lakhs and there is no rent for the shop, which he is purchased. My contention is that his possession is continuing as tenant only. the learned judge's contention is that the possession of the tenant is seized and he is perfected his possession as purchaser as per the agreement of sale and the said agreement is to be seen as sale deed or conveyance deed. Therefore it is required to be stamped as if a sale deed. Therefore the deficit stamp duty shall be levied. For that I have differed. The learned judge is relaying on B.Ratnamala Vs G. Rudramma A.P. High Court (D.B.). Hence I need citation of supreme court, urgently. The case is posted to 28/11/2011 for further hearing. The suit is filed for specific performance of contract for registration of the regular sale deed in respect of the suit shop. please help me.
