SC: The ends of justice to be met by putting an end to the proceedings while paying off the deficit duty and double penalty

The Apex Court on 14.12.2018, in GANGAPPA AND ANR. v  FAKKIRAPPA ,[1]disposed of the appeals that had been made  against the  Karnataka High Court’s judgment which disposed of the writ petition that was filed by the respondent.

FACTS:

An agreement  to sell had been made between the appellant and respondent wherein an  earnest money of Rs.1,40,000/­ had also been  paid.  A suit for  specific performance was filed by the appellant followed by another suit that was filed by the sister of the defendant. The agreements pertaining to sell that was filed by the appellants were impounded by the  Principal Civil Judge  along with a direction being given to the appellant for paying the duty that was in deficit as well as the penalty.

The order was challenged through a Writ Petition which was subsequently disposed of by the High Court  ,while further directing   the   Principal   Civil Judge  for  permitting  the plaintiff in   placing the    written   submissions wherein in the agreements pertaining to  sell  had been  admitted in form of   evidence and  was marked for    plaintiffs   upon the  deficit   duty   as well as the penalty being double .

 A writ petition was filed by the respondent  before the High Court  which was eventually disposed of while directing the   the  courts    for levying    the   ten times  the penalty   of   the deficit duty Being aggrieved by the    High   Court’s judgment , an appeal was made before the Apex Court .

DECISION HELD BY THE APEX COURT:

The Apex Court disposed of the appeal by  upholding  that the High Court had no doubt interpreted the provisions correctly ,  but the Apex court was more inclined put an end to the penalty proceedings pertaining to sell by an approval of the direction of trial court for paying the full deficit duty as well as the double of the penalty.