RAHUL GUPTA (MANAGER) 01 July 2014

Stamp duty for cancellation of unregistered allotment letter

We moved a Civil Suit to declare Null and Void the Allotment Letter ( Issued By a Private Colonizing Co-Operative Society ) for a Piece of Residential Land in Jaipur.

The defendants moved an application under Rule 7 Order 11 that this suit be dismissed as proper amount of Stamp Duty has not been paid .

The Trial Court rules that Appropriate Amount of duty as per prevailing market rates should be paid for the case to progress .

My lawyers says that the Trial Court Ruling is not fitting as suit is for Cancellation of Allotment Letter and not for Eviction or Possession of the Residential plot or cancellation of a Sale Deed .

Please advise if we are still liable to pay the Stamp Duty as per Market Rates .
Who would decide the Prevailing Market Rate .
Can the Stamp Duty be fixed even as the case has not progressed and no evidence has not yet been produced and examined .

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 03 July 2014

The relief sought is to declare the allotment letter as null and void and proper court fee was paid for this purpose, hence the application by defendant under O7R11 is not maintainable on the said grounds i.e., deficit court fee. Your advocate is right that you have not sought the relief of possession too for which additional court fee need to be paid. Your advocate can very well argue before the court about the relief and the court fee paid for the relief and that you need not pay the court fee for the relief not sought. If the court is asking you that after cancellation how will you take possession, then you can say that let the present suit be decreed as per prayer, the other relief will be thought about after that. You follow your advocate's advise properly.