Law:

Section:

Stamp Act (II of 1899)-------S. 29(c) [as amended by Punjab Finance Act (VI of 1992)]---Registration Act (XVI of 1908), Ss. 17 & 49---Civil Procedure Code (V of 1908), S. 115--­Registration of sale-deed---Liability to pay stamp duty---No agreement between parties as to who would bear expenses of non judicial stamp paper and registration of sale-deed---In absence of such agreement, stamp duty would be borne in equal shares by the petitioner (decree-holder) and respondent ( -debtor) as per terms of S. 29(c), Stamp Act as amended---Remaining expenses about registration of sale-deed would be the liability of decree-holder which would be borne by him. M/s. Sargodha Industrial Urban Development Cooperative Society Limited In re: 1995 CLC 813 ref. JUDGMENT Abdul Saboor petitioner-plaintiff instituted his suit against Abdul Aziz respondent-defendant for the specific performance of agreement of sale with respect to the suit plot fully described in the plaint. The suit was initially contested. However, on 10-1-1994 learned counsel for -the respondent-defendant made the conceding statement that the suit may be decreed in consideration for an amount of Rs.5,85,000. Consequently, on 10-1-1994 a decree for specific performance of agreement of sale in the sum of Rs.5,85,000 was passed in favour of the petitioner-plaintiff and against the. respondent-defendant. The petitioner/decree-holder was directed to deposit the aforesaid amount of Rs.5,85,000 till 25-2-1994 failing which the suit was to be deemed to have been dismissed. It was further ordered that Abdul Aziz respondent-defendant would be entitled to recover/receive the aforesaid deposited amount of Rs..5,85,000 after the registration of the sale-deed. 2. The aforesaid amount has been deposited by the decree­holder/petitioner. Expressing that the petitioner/decree-holder was not willing to get registered the sale-deed, Abdul Aziz respondent-defendant filed the application before the trial Court that plaintiff may be directed to deposit the non-judicial stamp paper so that the sale-deed is got registered. This application was resisted by the petitioner-plaintiff who contended that the trial Court had become functus…

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