No. 2/18.11.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner through Mr. S. K. Das, the Ld. Advocate and O.P. through Mr. Gouranga Gupta Roy, the Ld. Advocate along with Ms. Anindita Bose, the Ld. Advocate are present.  The Ld. Advocate for the O.P. files Vokalatnama.

This revisional application is by the O.Ps namely the owner of the land in question and the developer of the same in a complaint case filed by the Complainant – Respondent herein.  Admittedly, the Complainant – Respondent entered into an agreement for purchasing a flat with a car parking space in the land owned by O.P. – Appellant No. 1 developed by O.P. – Appellant No. 2 by constructing flats therein.  The Complainant has alleged that the O.Ps. – Appellants have failed to execute and register the deed of sale in respect of the said flat in question which has already been constructed and possession thereof delivered to the Complainant.  In the aforesaid complaint case the O.Ps – Appellants have made a prayer for impounding the aforesaid agreement upon payment of adequate stamp duty which has been rejected by the impugned order by the District Forum.

In the revisional application the O.Ps upon reference to the several decisions of the Hon’ble High Court, Hon’ble National Commission as well as Hon’ble Supreme Court have contended that an unregistered agreement for sale is required to be impounded upon payment of duty this is payable on a deed of conveyance for the purpose of treating the same as a deed of conveyance.  We do not dispute the principles that have been laid down in the aforesaid decisions. 

In the case before us the agreement for sale is not in dispute in the complaint case before the District Forum.  The Complainant has only prayed for a direction upon the O.Ps – Appellants to execute and register the sale deed in respect of the flat that has been constructed and possession of which delivered to the Complainant – Respondent pursuant to the said agreement for sale.  Admittedly pursuant to the aforesaid agreement for sale the construction and consequent delivery of the possession of the flat have already been completed.  Question, therefore, does not arise for impounding the agreement for sale as the execution of the aforesaid agreement for sale by and between the parties and their acting on the basis of the said agreement have not been denied and disputed by either of the parties.  However, upon disposal of the complaint case if for any reason the O.Ps fail to execute and register a deed of conveyance in favour of the Complainant then the said agreement may be impounded for treating the same as a deed of conveyance.  With this observation the revisional application shall stand dismissed.