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2008 Supreme(SC) 1310

M.K.SHARMA, ARIJIT PASAYAT
GOPI KRISHNA TRIVEDI – Appellant
Versus
SUDAMA PRASAD OJHA – Respondent


Advocates appeared:
R.C. Gubrele, K.R. Gupta, Vivek Sharma, Nanita Sharma, Satbir S. Pillania and Suresh Kr. Sharma, Advocates, for the Appellant;
S.K. Bhattacharya, Advocate, for the Respondent.

Judgment

DR. ARIJIT PASAYAT, J.- Heard learned counsel for the parties.

2. Leave granted.

3. The challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court allowing the revision petition filed by the respondent. In a suit for specific performance of the contract for sale of immovable property, the present respondent took the stand that he had entered into an oral agreement with the defendant i.e. the present appellant b for purchase of the suit property for a consideration of Rs 6,01,000. Following the execution of the contract, an amount of Rs 3,51,000 was stated to have been paid. It was followed by another payment of Rs 1,11,618. The defendant acknowledged the factum of acceptance of part-payment of the consideration amount. When the suit came up for hearing, the respondent came up with the application for accepting certain documents i.e. the c documents containing the terms and conditions of agreement and certain rent receipts. The appellant took the stand that these documents cannot be admitted because there was no payment of stamp duty. The trial court took the view that the document is nothing but a letter incorporating the terms and









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