Smt. Chhanda Das vs Sri Susanta Kumar Chandra & Ors
2022 Latest Caselaw 2510 Cal

     25.
04.05.2022.
 Ct. No. 11.
    F.B.

                                   FAT 436 of 2019


                                Smt. Chhanda Das
                                      -Vs.-
                        Sri Susanta Kumar Chandra & Ors.

                        Mr. Somnath Gangopadhyay
                                 ..... For the Appellant.

                       Mr. Krishna Das Poddar
                                  ..... For the Respondent

Defendant.

Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal .....For the State Respondent.

Party/Parties is/are represented in the order of

their appearance as printed above in the cause title.

This appeal has been preferred by the

Appellant/Plaintiff being dissatisfied with the Judgment

and Decree dated 2nd of March, 2019 passed by Learned

Judge, XIII Bench, City Civil Court at Calcutta in Title

Suit No. 572 of 1998, whereby the Suit for a decree of

Specific Performance of Contract was dismissed for

non-payment of Stamp Duty of Rs. 1,23,697/- assessed

by the Collector.

Mr. Soumitra Bandyopadhyay, Learned Senior

Government Advocate appears for the Pro-forma

Respondent/Collector and submits that the Appellant

has not deposited the Stamp Duty assessed on his

agreement to sale as the same was not accepted by the

Collector for non-production of the assessment slip.

Learned Advocate for the Appellant submits that

the said assessment slip issued by the Collector is

misplaced due to which the Stamp Duty was not

accepted by the Collector.

Our attention is drawn to the observation made

in the Judgment in Title Suit No. 572 of 1998 that the

Collector had assessed the Stamp Duty at Rs.

1,23,697/-.

It appears to us that since the assessment slip

could not be produced, the Appellant is directed to

approach the Collector for fresh assessment of Stamp

Duty on the impounded document which is an

agreement for sale and on fresh assessment of such

Stamp Duty, the Appellant shall deposit the same

within three weeks from date, in default the appeal

shall stand dismissed.

Mr. Soumitra Bandyopadhyay, Learned Senior

Government Advocate shall take steps to ensure that

the assessment is done within time and the Appellant is

enabled to deposit the said amount within time.

On depositing the Stamp Duty in time stipulated

above, a report be submitted before this Court for

disposal of the appeal.

Let the appeal be listed under the heading "For

Hearing" in the Combined Monthly List of June, 2022.

All parties to act in terms of the copy of the

order downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if

applied for, be given to the parties upon compliance of

all necessary formalities.

(Ananda Kumar Mukherjee, J.) (Subrata Talukdar, J.)