Ajaymeru Housing Development (P) Ltd. vs. Vrindavandham Buildev (India) (P) Ltd. & Anr.

Rajasthan Stamp Act, 1998–Secs. 52 & 52A r/w. Order 9, Rule 13 CPC–Agreement was treated as a conveyance and stamp duty was assessed on the basis of market value–Thereafter, in the application u/ss. 52 & 52A r/w. Order 9, Rule 13, petitioner was given the opportunity of hearing and Collector revised the earlier order holding that the land had not gone into the possession in term of agreement, and, therefore, the stamp duty could not have been assessed on the total market value of land–Order was set aside by Tax Board–Justification–Issue as regard to handing over the possession is yet to be decided by the Civil Court–Conclusion of Tax Board that the petitioner was in possession of land, is wrong–Order passed by Collector deserves to be uphold.