Whether the Dhr/ plaintiff is liable to pay stamp duty for registration of sale deed only as per the value of agreement of sale - subject matter of the suit ? - No Under Article 47-A of Schedule I-A of the Indian Stamp Act, 1899 (for short ‘the Act’), stamp duty is payable on the value of the consideration shown in the document or the market value,whichever is higher. Therefore, the main plea of the petitioner that he was liable to pay stamp duty on the value shown in the agreement of sale was preposterous.

The Hon’ble Sri Justice C.V.Nagarjuna Reddy
Civil Revision Petition No.4446 of 2018
Date: 03.08.2018
Between:
Sri Raja Sagi Venkatapathi Raju
 .. Petitioner
and
Rajasagi Varahalamma (died) and 15 others
.. Respondents
Counsel for the Petitioner : Mr.G.Rama Gopal
The Court made the following:

 CVNR, J
CRP.No.4446 of 2018
 Dt: 03.08.2018
2
Order :
 This is a vexatious piece of litigation instituted by the
petitioner evidently to avoid payment of proper stamp duty. The
petitioner succeeded in OS.No.213 of 1984 filed for specific
performance of an agreement of sale with the passing of Decree on
14-03-1992 by the lower Court. AS.No.641 of 1992 filed by the
respondents against the said Judgment and Decree was dismissed
by this Court on 22-01-2008. The Special Leave Petition filed by
the respondents against the said Judgment was dismissed by the
Supreme Court on 15-05-2008. Four years thereafter, the
petitioner has filed EP.No.104 of 2012. When the document
presented by the petitioner was returned by the Sub-Registrar
concerned for not paying proper stamp duty, the former has filed
EA.No.642 of 2017 by taking a specious plea that he is liable to pay
stamp duty on the value mentioned in the agreement of sale before
the lower Court. The petitioner, however, raised an alternative
plea that even if he is liable to pay the stamp duty on the market
value, the market value, prevailing as on the date on which the
Decree was passed, has to be taken into account. This plea was
rightly rejected by the lower Court.
 Under Article 47-A of Schedule I-A of the Indian Stamp Act,
1899 (for short ‘the Act’), stamp duty is payable on the value of the
 CVNR, J
CRP.No.4446 of 2018
 Dt: 03.08.2018
3
consideration shown in the document or the market value,
whichever is higher. Therefore, the main plea of the petitioner that
he was liable to pay stamp duty on the value shown in the
agreement of sale was preposterous.
 As regards the alternative submission, Mr.G.Rama Gopal,
learned Counsel for the petitioner, submitted that as the
respondents have protracted the matter by filing AS.No.641 of
1992 wherein this Court has granted stay, the petitioner cannot be
made to suffer on account of the act of the respondents and that of
the Court. He further submitted that the provisions of Article 47-
A of Schedule I-A of the Act have to be interpreted keeping in
view the facts of each case.

 I am afraid I cannot accept the submission of the learned
Counsel for the petitioner. Once the statute confers a right on a
party to pursue an appellate remedy and the Appellate Court is
empowered to grant an interim order pending such Appeal, the
petitioner cannot take umbrage at the conduct of the respondents
in filing the Appeal and the act of this Court in granting stay. The
maxim actus curiae neminem gravabit, which means the act of Court
shall prejudice no man, cannot be applied to the case of the present
nature. When the petitioner entered into an agreement of sale, he
ran the risk of facing litigation as well. It, therefore, does not lie in
 CVNR, J
CRP.No.4446 of 2018
 Dt: 03.08.2018
4
his mouth to say that the time consumed in disposal of the Appeal
by this Court has to be excluded for the purpose of computation of
market value.
 In this view of the matter, I do not find any merit in this Civil
Revision Petition and the same is, accordingly, dismissed.
 As a sequel to dismissal of the Civil Revision Petition,
IA.No.1 of 2018, filed by the petitioner for interim relief, is
disposed of as infructuous.
 ______________________
(C.V.Nagarjuna Reddy, J)
Dt: 3rd August, 2018
lur