Delhi Court November 1976 Judgments

The Oriental Bank of Commerce Ltd. Vs. Raj Kumar and Company and ors.

Court: Delhi

Reported in: ILR1977Delhi228

M.S. Joshi, J.(1) Gian Chand Jain purchased property built on plot No. 95, Block No. 5-C, Western Extension Area, Karol Bagh, New Delhi, at a public auction held in execution of a decree for Rs. 57,000.00 on 28th October, 1971 and the sale was confirmed by the High Court on 6th August, 1973. When he approached the Registry to ascertain the amount of non-judicial stamp to be furnished by him for the preparation of a sale-certificate he was told that he would have to pay in addition to the duty at the rate of 3 per cent under the Stamp Act, 1899, surcharge imposed by the Municipal Corporation of Delhi under Section 147 of the Delhi Municipal Corporation Act, 1957, at the rate of 5 per cent. This application has now been made by the auction-purchaser under section 151 of the Code of Civil Procedure submitting that when the sale is made under the orders of and confirmed by the Court the transfer is complete, it is not to be brought about by the certificate of sale and no transfer duty is a...