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ABDUL HAMEED vs ADDITIONAL DISTRICT JUDGE Ss — 2023 MLD 290 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 290 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
ABDUL HAMEED vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL HAMEED VS ADDITIONAL DISTRICT JUDGE Ss. 27 & 27-a---Stamp duty, assessment of---Rate prevalent on date of presentation of document---Suit was decreed directing the petitioner/plaintiff to pay the requisite stamp duty as per market value of the suit land prevalent at the time of execution of registered sale deed in their favour and to get registered sale deed in their favour within 30 days, otherwise their suit would be deemed to have been dismissed---Petitioner's appeal against the said order was dismissed by the District Court---Petitioners contended that respondent admitted execution of agreement to sell, so the consideration amount was to be considered as Rs. 8,50,000/-; that condition of paying stamp duty as per the rate on the date of execution of formal sale deed was out of the jurisdiction of Trial Court---Validity---ad-volorem duty is required to be calculated and charged according to the valuation table---all the requisite fees on a written instrument are payable according to the rate prevalent on the date of presentation of the same document---Respondent admitted the execution of the agreement to sell and contested the suit on other grounds---Document presented for registration was required to be stamped as per the stamp duty applicable on such day, when it was presented and it was the duty of the Registration Officer to examine the document in order to determine whether it bears the requisite stamps/stamp duty---Revision petition was dismissed accordingly.

Other judgments reported in 2023 MLD

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