[2025:RJ-JP:14512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3960/2025 Wali Mohammed S/o. Ismail Khan, Aged About 48 Years, Resident Of House No.887, Mohalla Shekhan, Jaipur (Raj.) ----Petitioner Versus 1. Mohammed Zaheer S/o. Mohammad Altam, Resident Of House No.886, Mohalla Shekhan, Jaipur (Raj.) (Deceased During The Pendency Of The Suit ) 1/1. Smt. Vaddo W/o. Late Shri Mohammed Zaheer, (Deceased During The Pendency Of The Suit) Residents Of House No.886 Mohalla, Shekhan, Khandar Ka Rasta, Chowkri Gangapole, Jaipur (Raj.) 1/2. Nisar S/o. Late Shri Mohammed Zaheer, Residents Of House No.886 Mohalla, Shekhan, Khandar Ka Rasta, Chowkri Gangapole, Jaipur (Raj.) 1/3. Ishaq S/o Late Shri Mohammed Zaheer, Residents Of House No.886 Mohalla, Shekhan, Khandar Ka Rasta, Chowkri Gangapole, Jaipur (Raj.) 1/4. Shakeel S/o. Late Shri Mohammed Zaheer, Residents Of House No.886 Mohalla, Shekhan, Khandar Ka Rasta, Chowkri Gangapole, Jaipur (Raj.) 1/5. Aslam S/o. Late Shri Mohammed Zaheer, Residents Of House No.886 Mohalla, Shekhan, Khandar Ka Rasta, Chowkri Gangapole, Jaipur (Raj.) 1/6. Smt. Anjum D/o. Late Shri Mohammed Zaheer W/o. Shri Shabbir, Resident Of Jogiyon Ka Mohalla, Chumu, Jaipur 1/7. Smt. Reshma D/o. Late Shri Mohammed Zaheer W/o. Sahidque, R/o Near R.k. Hotel, Bhatta Basti Shastri Nagar, Jaipur. 1/8. Smt. Salma D/o. Late Shri Mohammed Zaheer W/o. Majid, R/o Behind Aksa Masjid, Kho- Nagoriyan, Jaipur 1/9. Smt. Kushnuma D/o. Late Shri Mohammed Zaheer W/o. Mujahid, Resident Of Dhobiyon Ka Mohalla, Ladli Ji Ke Khure Ke Niche, Chowkri Ramchandra Ji Jaipur (Raj.) 2. Smt. Akhtar Begum W/o. Late Habib, Aged About 63 Years, Resident Of Jogiyon Ka Mohalla, Chomu, District Jaipur (Raj.) [2025:RJ-JP:14512] (2 of 3) [CW-3960/2025] 3. Smt. Noshida W/o. Late Iqbal, Resident Of Plot No. 03, Sayed Colony, Near Shyam Lal Ka Kuwa, Char Darwaja, Jaipur (Deceased During The Pendency Of Suti) 3/1. Firoz S/o. Late Shri Iqbal, Resident Of Plot No. 3, Sayed Colony, Near Shyam Lal Ka Kuwa, Char Darwaja, Jaipur 3/2. Akib S/o Late Shri Iqbal, Resident Of Plot No. 3, Sayed Colony, Near Shyam Lal Ka Kuwa, Char Darwaja, Jaipur 3/3. Akram S/o. Late Shri Iqbal, Resident Of Plot No. 3, Sayed Colony, Near Shyam Lal Ka Kuwa, Char Darwaja, Jaipur ----Respondents For Petitioner(s) : Mr. R K Daga HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 01/04/2025 This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) against the order dated 03.02.2025 passed by the Additional District and Sessions Judge No. 1, Jaipur District Jaipur whereby the trial Court impounded the agreement to sell dated 09.10.2012 and sent it to the Collector (Stamps) for determination of stamp duty and penalty thereon. Learned counsel for the plaintiff submits that the plaintiff filed a suit for specific performance of the contract and permanent injunction against the respondents-defendants (for short ‘the defendants’) in which the defendant Nos. 1/3 and 1/4 filed an application under Section 17 of the Rajasthan Stamps Act read with Section 151 CPC in which the trial Court vide order dated 03.02.2025 ordered to impound the document and send the same to the Collector (Stamps) for determination of stamp duty and penalty thereon. Learned counsel further submits that the said agreement was exhibited before the trial Court. Previously also, defendants had filed the application regard inadmissibility of the [2025:RJ-JP:14512] (3 of 3) [CW-3960/2025] document and the said application was not pressed by them. Learned counsel further submits that the trial Court committed an error in impounding the so-called document and sending the same to the Collector (Stamps). Alternatively, learned counsel for the plaintiff submits that the plaintiff in para No. 3 of his plaint clearly stated that after reducing the amount to the tune of Rs. 11 lakhs, valuation of the property as per agreement was only Rs. 13,50,000/-. So, the trial Court be directed to impound the document in question to the tune of Rs. 13,50,000/- only and not for Rs. 24,50,000/-. I have considered the arguments advanced by counsel for the plaintiff and perused the impugned order. It is an admitted position that the so-called agreement is insufficiently stamped. So, as per the Stamps Act, document had to be impounded but the trial Court had committed an error in impounding the so-called agreement to the tune of Rs. 24,50,000/- instead of Rs. 13,50,000/-. So, the order dated 03.02.2025 passed by the trial Court deserves to be modified. The petition filed by the plaintiff is partly allowed. The order dated 03.02.2025 passed by the trial Court is modified to the extent and the trial Court is directed to impound the so-called agreement for Rs. 13,50,000/- only and not in relation to the amount of Rs. 24,50,000/- and send the same to the Collector (Stamps) for determination of stamp duty and penalty thereon. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J RITU/23